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Lilongwe District Registry - 2023 March

4 judgments
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4 judgments
March 2023
Chingapa v Wizimani and 1 other (Civil Cause 670 of 2020) [2023] MWHC 105 (31 March 2023)
The claimant failed to prove serious long‑term injuries; court awarded MK900,000 for soft tissue injuries and MK750,000 costs.
  • Assessment of damages — Admissibility and weight of medical reports not prepared by the treating clinician — Quantum for soft tissue injuries — Requirement of credible evidence for claims of long‑term disability and loss of amenities — Costs on assessment.
31 March 2023
Mbulo v Attorney General (Civil Cause 404 of 2020) [2023] MWHC 104 (31 March 2023)
Default judgment set aside because a triable issue exists over premature commencement under Section 4; defendant ordered to file defence.
  • Civil procedure — Setting aside default judgment — Order 12 rule 21 CPR 2017; Statutory notice — Section 4 Civil Procedure (Suits by or against Government and Public Officers) Act — premature commencement; Riot Damages Act — discretionary ministerial power; Interests of justice; Triable issues.
31 March 2023
R v Reddy & Reddy (Miscellaneous Criminal Application 3 of 2022) [2023] MWHC 66 (24 March 2023)
Magistrate must expressly assess and record that delay or expense would be unreasonable before refusing recall of witnesses under section 165.
  • Criminal procedure — section 165 CP&EC — recall of witnesses when trial continued by succeeding magistrate — qualified right to request recall — magistrate must expressly find that delay or expense would be unreasonable before refusing — failure to make required finding renders decision reviewable.
24 March 2023
Nicholas and 1 other v Sangala and 1 other (Civil Cause 627 of 2019) [2023] MWHC 125 (6 March 2023)
6 March 2023