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Citation
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Judgment date
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| December 2021 |
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The claimant awarded MK2,000,000 for six days' false imprisonment and MK1,500,000 costs, total MK3,500,000.
False imprisonment – detention without charge – constitutional requirement to take arrestee to court within 48 hours (s.42(1)) – where police wholly fail to take to court all days compensable – assessment of non-pecuniary damages – restitutio in integrum – absence of aggravating circumstances – costs on assessment
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23 December 2021 |
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The claimant prevailed: defendant negligent in rear‑ending claimant; police report hearsay; insurer's policy limit conceded.
Road traffic negligence — rear‑end collision — duty to keep proper lookout and avoid excessive speed; hearsay traffic report inadmissible as evidence of liability; no contributory negligence; insurer's third‑party policy limit (and coverage of party‑and‑party costs) treated as conceded.
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23 December 2021 |
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Employer liable for false imprisonment and malicious prosecution of two employees; two guards’ claims failed, defamation and special damages unproven.
Tort — False imprisonment — Distinction between merely reporting a crime and laying a charge; Malicious prosecution — elements: institution by defendant, lack of reasonable and probable cause, resolution in claimant's favour, malice; Defamation — need for publication and proof of reputational harm; Failure to call material witnesses — adverse inference; Costs and assessment by Registrar.
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23 December 2021 |
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The applicant failed to prove South African law entitling a foreign domestic partner to a share in Malawian property.
Choice of law – foreign domestic partnership – law of domicile (South African law) controls characterization of relationship and proprietary rights; burden to plead and prove foreign law; failure to prove foreign law defeats claim to joint ownership; counterclaim for routine estate-processing expenses dismissed.
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23 December 2021 |
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Employer liable for negligence and statutory breach for unsafe machinery and inadequate supervision.
Occupational Safety, Health and Welfare Act s13 and s58 – employer’s duty to provide safe plant, instruction, supervision and protective clothing – employer negligence for permitting operation of machine with broken safety door – contributory negligence not established.
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23 December 2021 |
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Administrative protest letters by a government department did not constitute wrongful interference; damages evidence was speculative and claim dismissed.
Property law – registered leasehold rights; administrative protest by government department; wrongful interference – trespass and nuisance; evidentiary sufficiency for special damages – hearsay quotations and absence of quantity surveyor evidence; causation and speculative loss.
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23 December 2021 |
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Registered lease confers rights, but state-department protest was not wrongful interference and claimed special damages were unproven.
Registered Land Act (ss.24,25) – lease registration confers proprietary rights; administrative protest by state department not necessarily wrongful interference; trespass and nuisance distinguished from administrative objections; proof and quantification of special damages – hearsay quotations, need for expert/quantity surveyor evidence; civil standard: balance of probabilities.
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23 December 2021 |
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Claimant failed to prove causation between consuming the drink and illness; res ipsa loquitur inapplicable.
Product liability – Manufacturer’s duty of care to consumers – Presence of foreign matter as evidence of breach – Causation requirement and need for scientific nexus – Res ipsa loquitur inapplicable where contaminated item not consumed.
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23 December 2021 |
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Claimant proved manufacturer liability for illness from a defective sealed beer based on circumstantial evidence excluding tampering.
Product liability – defective food and drink – causation established by circumstantial evidence – sealed container inference – manufacturer’s liability – gastroenteritis from contaminated beer.
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22 December 2021 |
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A convicted applicant must show exceptional circumstances for bail pending appeal; delay, merits and health grounds were insufficient.
Criminal procedure – Bail pending appeal – Section 359 CP&EC – Requirement of exceptional/unusual circumstances – Delay/quorum of appellate bench – Prospects of success and mistrial – Interests of justice – Health and age not sufficient.
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22 December 2021 |
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An interlocutory injunction granted to preserve status quo over disputed land where title is triable and damages are inadequate.
Interlocutory injunction — land disputes — serious question to be tried — adequacy of damages — balance of convenience — prior High Court order supporting claimant’s title.
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21 December 2021 |
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Assessment awarded MK3,506,000 to each claimant; loss of earnings and future medical care claims not proven.
Road traffic accident — assessment of damages — pain and suffering — loss of amenities — disfigurement — loss of earnings and earning capacity — future medical care — insufficient evidence — special damages for reports.
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21 December 2021 |
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Court awarded MK4.5 million for pain, loss of amenities and disfigurement; denied future earnings claim.
Personal injury — Assessment of damages — Pain and suffering; Loss of amenities of life; Disfigurement (loss of finger) — Loss of future earning capacity denied where medical evidence indicates recovery — Default judgment enforcement.
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20 December 2021 |
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Applicant failed to prove the beverage was contaminated while under the respondent’s control, claim dismissed.
Product liability – Manufacturer’s duty of care – Proof of defect at point of manufacture – Tampering after sale – Burden and credibility of evidence in negligence claims.
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17 December 2021 |
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Claimant failed to prove beer contamination occurred under the manufacturer's control; negligence claim dismissed.
Product liability – Manufacturer’s duty of care to consumers – Proof of defect and causation – Whether contamination occurred while product under manufacturer’s control – Role of retention samples and Malawi Bureau of Standards report – Credibility and inconsistencies of witnesses.
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17 December 2021 |
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Court denied bail in a homicide case, finding seriousness and flight risk outweighed entitlement despite prosecution delays.
Criminal law — Bail — Constitutional right not absolute — Bail Guidelines Act (Guideline 4): seriousness of offence, strength of case, risk of evasion — prosecutorial delay and disclosure failures do not automatically entitle accused to bail — court may direct prosecution to expedite trial and notify senior authorities.
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16 December 2021 |
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Claimant entitled to refund, interest and inconvenience damages after defendants resold already‑purchased land.
Sale of land — Rescission/restitution where vendor resells property — Interest on money paid — Damages for inconvenience — Default judgment and assessment of damages.
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16 December 2021 |
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Claimant awarded MK2,900,000 for pain, suffering, loss of amenities and disfigurement, plus costs.
Damages — assessment of general damages for personal injury — pain and suffering; loss of amenities; disfigurement — reliance on comparable Malawian precedents — award MK2,900,000 and costs.
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16 December 2021 |
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Court granted bail in a homicide case where investigations were complete and the State did not object, imposing protective conditions.
Bail — constitutional right; pre-trial custody limit; adjournment for investigations; grant of bail in homicide charge; conditions of release (cash bond, sureties, reporting, surrender of travel documents, non-interference with witnesses).
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16 December 2021 |
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The appellants’ challenge to custodial sentences for wildlife offences was dismissed; sentences upheld as not manifestly excessive.
Wildlife offences — Sentencing — National Parks and Wildlife Act s110A(d) — Custodial penalties for killing protected species — Appeal standard: manifestly excessive/wrong principle — Concurrent sentences — Public interest and conservation objectives.
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16 December 2021 |
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Court maintains stay and orders 85% of large compensation paid into court pending appeal, allowing 15% interim payment to respondents.
Stay of execution pending appeal – discretionary exercise – risk of injustice and prejudice; Payment into court as protective measure; Special circumstances: impecuniosity and risk of non-recovery; Relevance of prior payments to respondents; Variation of payment-into-court order to allow interim partial payment.
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15 December 2021 |
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Court awarded damages for injuries, vehicle replacement, hiring costs and curtailed loss-of-use award due to failure to mitigate.
Road traffic accident — negligence of government servant — assessment of damages: pain and suffering, loss of amenities, vehicle replacement value, hiring costs and loss of use — duty to mitigate — rejection of overlapping/excessive hire charges.
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14 December 2021 |
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Claimants entitled to statutory and common-law compensation, trespass damages, inconvenience award and legal fees following river diversion works.
Land acquisition and compensation – assessment of fair compensation under Land Acquisition Act; trespass – damages for loss of use and diminution of value; damages for inconvenience and recovery of legal fees; reliance on expert valuation.
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14 December 2021 |
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Court awarded compensation and damages for trespass, loss of use, inconvenience and legal fees for land damaged by river diversion works.
Property law – compulsory works and compensation – assessment of fair compensation for destroyed land, crops and trees; trespass – damages for loss of use, rental of substitute land, inconvenience and legal fees; application of Land Acquisition Act (ss.9–10) principles.
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14 December 2021 |
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Assessment of damages for claimant’s metatarsal fracture, disfigurement and report costs, with quantum and costs awarded.
Personal injury — assessment of damages — metatarsal fracture — pain and suffering and loss of amenities of life — disfigurement (loss of tooth) — special damages (police and medical reports) — party-and-party costs (summary award).
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14 December 2021 |
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Summary judgment granted where defendant admitted agent’s Triclon spray and report established causation; defendant liable.
Civil procedure – Summary judgment (Order 12) – Defendant’s admission of agent’s spraying – Principal’s liability for agent’s acts – Causation: Triclon drift versus pest attack – General denials insufficient; independent agricultural report accepted.
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13 December 2021 |
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Assessment limited to quantum; uncertified medical documents have limited weight but claimants awarded MK4.2m each for sewage-contaminated water exposure.
Consumer Protection Act; breach of statutory duty; assessment of damages; admissibility/authentication of medical documents; proof of psychiatric/psychological injury on balance of probabilities; restitutio in integrum.
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13 December 2021 |
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High Court dismissed ex‑parte bail application for non‑service, suppression of pending subordinate proceedings, and non‑compliance with Bail Guidelines Act.
Constitutional right to bail (s42(2)(e)) – Bail Guidelines Act Part II ss8,10,12 – requirement to notify the State in bail proceedings – inadmissibility of original High Court bail applications where subordinate proceedings pending – suppression of material facts and abuse of process – necessity of exhibiting subordinate court record to prove prior decision.
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10 December 2021 |
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A regulator’s recall and re-export order made without affording the importer a hearing violates natural justice and is void.
Administrative law – natural justice – right to be heard – section 43 Constitution – Malawi Bureau of Standards Act powers (market surveillance, re-testing, recall and re-export) – ultra vires – quashing of recall order – costs.
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9 December 2021 |
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A recall/re-export order issued without hearing the importer breached natural justice and was quashed.
Administrative law — right to be heard and natural justice — Section 43 Constitution — Malawi Bureau of Standards Act powers (market surveillance, testing, recall/re-export) — procedural impropriety renders decision ultra vires and void — costs awarded to successful applicant.
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9 December 2021 |
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Default judgment set aside where defendant disclosed triable defence despite weak excuse for failing to defend; conditional leave granted.
Civil procedure – Default judgment – Setting aside under Order 12 Rule 21 – Service on a company (s.372(1)(b) Companies Act) – Reasonable cause for default – Meritorious/triable defence – Unless order and conditions.
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6 December 2021 |
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Court taxed claimant's costs on the standard basis, reducing an excessive bill to K4,688,756.25 as proportionate and reasonable.
Civil procedure – assessment of party-and-party costs – standard basis where consent order silent – proportionality and reasonableness – hourly rate – reductions for unsupported or excessive items – disallowance of refresher fees where matter concluded at single hearing.
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6 December 2021 |
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The claimant awarded K7,503,000 for an ankle fracture; insurer’s liability limited to K5,000,000 under the policy.
Personal injury — fractured left ankle — assessment of general damages for pain, suffering and loss of amenities — disfigurement and permanent impairment — proof of special damages — insurer liability limited to policy limit.
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6 December 2021 |
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Summary judgment refused where defendants raised triable issues on causation and contributory negligence requiring full trial.
Civil procedure — Summary judgment (Order 12 r.23 CPR) — 'Real prospect of defending' test — Multi‑vehicle collision negligence — Causation and contributory negligence are triable issues.
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6 December 2021 |
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Application to set aside a regular default judgment dismissed for inadequate explanation despite an arguable defence.
Civil procedure – Default judgment – Application to set aside – Whether defendant showed reasonable cause for not defending – Meritorious/triable defence – Duty to exercise diligence with insurers/agents – Discretion to refuse relief despite arguable defence.
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6 December 2021 |
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Assessment of party-and-party costs on standard basis; reductions for disproportionate time items and unsupported disbursements.
Costs assessment – order silent on basis – assess on standard basis; proportionality and reasonableness of party-and-party costs; reasonableness of hourly rate; disallowance of counsel travel for filing as professional time; reduction of unsupported disbursements.
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6 December 2021 |
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Execution upheld as regular; consent order overridden and defendant’s application allowed only subject to strict pre-conditions.
Civil procedure — Execution and seizure — Default judgment revived after failure to comply with restoration condition — Consent orders — grounds to set aside (duress, fraud, mistake, Barder events) — Third-party claims and interpleader — Sheriff fees and expenses.
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3 December 2021 |
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Magistrates' courts lack jurisdiction to challenge final immigration removals under section 4(1)(a); constitutional review lies in the High Court.
Immigration law — Prohibited immigrant (s4(1)(a)) — Appeals barred except on identity (s9) — Jurisdiction of subordinate courts — Constitutional challenges and judicial review reserved for High Court (s108).
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2 December 2021 |
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Notice of intended demonstrations must be served on the District Commissioner, not the city Chief Executive Officer.
Police Act (Part IX) – Regulation of assemblies and demonstrations – Notice of intention – Proper recipient: District Commissioner (administrative officer in charge of a district) – Chief Executive Officer of City Council not equivalent – s.96(7) notice particulars – s.98 consultations/48‑hour rule – Delegation under s.95 – Judicial review under s.102.
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1 December 2021 |
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Notice of intended demonstration must be served on the District Commissioner; service on city CEO is legally ineffective.
Police Act (Part IX) – Regulation of assemblies and demonstrations – Proper recipient of notice: District Commissioner (statutory administrative officer) – City Chief Executive Officer distinct and not substitute absent lawful delegation – Effect of service on wrong office: no notice at law – Judicial review under s102 requires a valid prohibition.
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1 December 2021 |
| November 2021 |
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Assessment of personal injury damages where claimant proved pain and some loss of amenity but lacked evidence for sexual incapacity or disfigurement.
Assessment of damages – personal injury from motor vehicle accident – pain and suffering; loss of amenities (alleged sexual incapacity) – lack of medical proof; disfigurement not established; special damages awarded on judicial notice of report fees.
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30 November 2021 |
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Proceedings struck out for inordinate delay and abuse of process under Order 12 r.56 CPR.
Civil procedure – want of prosecution – striking out proceedings for inordinate delay and abuse of process – Order 12 r.56 and r.58 CPR – court may strike out without notice after 12 months’ inactivity.
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30 November 2021 |
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Interlocutory injunction granted to restrain defendant's construction pending trial due to triable title issue and inadequacy of damages.
Property law – interlocutory injunction – dispute over boundary and possession – triable issue as to title – inadequacy of damages for land – preservation of status quo pending trial.
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29 November 2021 |
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Insufficient evidence for replacement value; court dismisses that claim but awards K600,000 each for loss of use and costs.
Assessment of damages – replacement value of written-off vehicles – market value at time of accident and depreciation required; hearsay evidence inadmissible to prove another claimant’s loss; loss of use awards require proof of hire or reasonable basis; insurer payment and sale may prevent overcompensation.
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29 November 2021 |
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Claimant awarded MK2,100,000 for shock and vehicle repairs where repair quotation was unreliable and defendant was absent.
Assessment of damages – pain and suffering: shock alone can attract modest damages even without medical evidence; repair costs – unauthenticated single quotation unreliable; reliance on police report for extent of vehicle damage; defaulting defendant at assessment hearing.
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29 November 2021 |
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An inordinate delay and prior proper service defeat a defendant's application to stay execution of a default judgment.
Civil procedure – application to stay or suspend execution of default judgment – inordinate delay and lack of action by defendant – proper service on prior officer – typographical/case-number error not a sufficient excuse – abuse of process – Order 2 CPR not a cure.
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26 November 2021 |
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Assessment awards per claimant for wrongful detention, malicious prosecution, defamation and mental distress; torture/disfigurement claims unproven.
False imprisonment — commencement of wrongful detention upon refusal to release after bail; malicious prosecution — required elements and damages; exemplary damages — need for aggravating conduct (Rookes v Barnard test); defamation (slander) and damages; requirement of evidential proof for torture, pain, disfigurement and consequential losses.
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26 November 2021 |
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Assessment of damages for a minor’s road-traffic injuries resulting in K4,000,000 award for pain, suffering and disfigurement.
Personal injury — assessment of damages — pain and suffering, loss of amenities, disfigurement — evidence of injuries and continuing effects — quantum K4,000,000 awarded; costs granted.
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25 November 2021 |
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Court awarded K2,000,000 and K4,000,000 to the claimants for injuries; insurer liable to policy limit.
Personal injury — assessment of damages — dislocated knee; fractured humerus — quantum of damages — reliance on comparable authorities and consideration of currency devaluation — insurer liability up to policy limit — costs to claimant.
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25 November 2021 |
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High Court reduced and restructured IRC assessment: future-loss awards set aside under section 63; total award MK10,470,033, costs shared.
Employment law – unfair dismissal – assessment of compensation – section 63(4)–(5) Employment Act – immediate loss vs future loss – mitigation – procedural validity of cross-appeal – interest on severance discretionary.
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24 November 2021 |