Principal Registry - 1993 May

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3 judgments

Citation	Judgment date
May 1993
Banda v Dangwe (Civil Cause 279 of 1993) [1993] MWHC 25 (26 May 1993) A radio-broadcast slander at a political rally was actionable; court awarded K300,000 and addressed exemplary damages. Defamation—slander actionable per se; wide publication (radio/newspaper); assessment of damages taking into account reputation, absence of apology and political motive; exemplary/punitive damages—scope in Malawi and relation to Rookes v. Barnard	26 May 1993
Autocraft Limited v City of Blantyre (Civil Cause 1072 of 1992) [1993] MWHC 41 (25 May 1993) Court dismissed plaintiff's application to continue unlawful use of residential plot pending relocation, for lack of interest and statutory non-compliance. Town and Country Planning Act – zoning restrictions – use of residentially zoned land for commercial activities – declaratory relief – locus standi – temporary conditional permission – requirement to exhaust statutory appeal procedures – equitable clean hands.	25 May 1993
Munthali v The Attorney General (Civil Cause 52 of 1993) [1993] MWHC 34 (19 May 1993) Long unlawful detention by state actors justified a large compensatory award with an exemplary element; trespass award modest. Civil damages – false imprisonment – prolonged unlawful detention – aggravated and exemplary damages – quantum assessed at large; application and scope of Rookes v. Barnard in Malawi; trespass to land and goods; state liability for oppressive action	19 May 1993