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Blantyre Principal Registry

112 judgments
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112 judgments
July 2013
Stansfield Saiba Ngwali v Judicial Service Commission & Attorney General (Civil Case 487 of 2012) [2013] MWHC 495 (23 July 2013)
23 July 2013
November 2011
Precious Chisamba v the Republic (Criminal Appeal 32 of 2011) [2011] MWHC 113 (18 November 2011)
Consecutive sentences for separate offences upheld; 24‑month term for unlawful wounding affirmed as not manifestly excessive.
  • Criminal Law —  Sentencing
    • — Consecutive versus concurrent sentences — Application of Criminal Procedure and Evidence Code s 17(1) and Penal Code principles
    • — Unlawful wounding — Whether a 24‑month term is manifestly excessive given gravity of injury and comparative authorities
18 November 2011
November 2009
Ernest Mtingwi v Malawi Revenue Authority (Civil Cause 3389 of 2004) [2009] MWHC 234 (12 November 2009)
12 November 2009
March 2008
Teofilo Chilenge t/a Combinado Pesqueiro de Metangula v The Attorney General (Commercial Case 96 of 2007) [2008] MWHC 250 (14 March 2008)
Respondent's payment by future-dated treasury note did not discharge judgment; applicant entitled to interest and costs.
  • Accord and satisfaction — payment by future-dated negotiable treasury instrument — requirement of consideration for agreement to forgo balance; government judgment debt; recovery of judgment interest and costs; discounting/mitigation costs not recoverable absent proof.
14 March 2008
November 2002
Machinjiri v Ibrahim & Prime Insurance Co Limited (Civil Cause 786 of 2001) [2002] MWHC 87 (7 November 2002)
Plaintiff in road-traffic accident awarded K160,000 for pain, suffering and loss of amenities; costs awarded.
  • Road traffic accident — assessment of damages — medical evidence of bodily injury — pain and suffering and loss of amenities — compensatory principle — award of K160,000 and costs.
7 November 2002
March 2002
Kayamba v Combat Security Services (Civil Cause 2389 of 2000) [2002] MWHC 89 (20 March 2002)
Plaintiff awarded K150,000 for pain, loss of amenities and reduced earning capacity after a road traffic injury.
  • Personal injury — Road traffic accident — Assessment of damages — Pain and suffering and loss of amenities — Loss of earning capacity — Liability established by default judgment — Awards guided by comparable cases and local purchasing power.
20 March 2002
February 2002
Mtonga v Shire Bus Lines Limited (Civil Cause 2096 of 2000) [2002] MWHC 88 (18 February 2002)
Assessment of damages after bus-accident: proved special damages awarded; loss of earning capacity and general damages granted, total K846,466.
  • Tort — Road accident — Assessment of damages — Proof and particularisation of special damages; distinction between loss of earnings (special) and loss of earning capacity (general); recoverability of cash carried abroad despite Exchange Control regulation; quantum for artificial limb, medical expenses, pain and loss of amenities.
18 February 2002
July 1993
Alpine Enterprise v Sacranie t/a Plastichem Industries (Civil Cause 1469 of 1992) [1993] MWHC 50 (8 July 1993)
Summary judgment granted where dishonoured cheques established indebtedness and defendant failed to raise a bona fide defence.
  • Civil procedure — Order 14 summary judgment — Cheques as prima facie cash/consideration — burden to raise bona fide defence — failure to produce agent’s affidavit construed as admission — certainty of claim.
8 July 1993
Alpine Enterprise v Sacranie t/ Plastichem Industries (Civil Cause 1469 of 1992) [1993] MWHC 51 (8 July 1993)
Summary judgment granted where defendant failed to raise a bona fide triable defence to a claim based on cheques issued by his agent.
  • Civil procedure — summary judgment (Order 14) — cheques treated as payment — agency and authority — insufficient affidavit to raise triable issue — certainty of claim.
8 July 1993
March 1991
IN THE ESTATE OF DYSON PERESI NGALAWESA (DECEASED) APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION (Civil Cause 845 of 1990) [1991] MWHC 38 (15 March 1991)
Administrator General appointed after a private applicant was found biased and unsuitable to administer the estate.
  • Succession law — letters of administration — suitability and impartiality of administrator — Administrator General competent to administer estates — setting aside prior grant.
15 March 1991
January 1991
Casalee Cargo Limited v Mjojo t/a Opal Enterprises (Civil Cause 186 of 1990) [1991] MWHC 37 (14 January 1991)
Court allowed substitution of newly incorporated company for firm sued, finding a genuine mistake and permitting amendment with costs.
  • Civil procedure — amendment/substitution of party — Order 20 Rule 5(3) — genuine mistake — corporate conversion of a firm to a company — avoidance of multiplicity of actions.
14 January 1991
December 1986
Alimahomed v Peter (MSCA Civil Cause 2 of 1984) [1986] MWHC 32 (1 December 1986)
High Court reviewed and reduced a Taxing Master’s increased taxation of a solicitor-and-own-client bill, fixing K6,384.20.
  • Taxation of costs — Review of Taxing Master’s decision — Solicitor-and-own-client bill — Discretionary awards — Requirement for reasons when varying prior taxation — Admissibility of original bill as a guide.
1 December 1986