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Principal Registry - 1997

5 judgments
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5 judgments
November 1997
Phoso v Electoral Commission (Civil Cause 1271 of 1996) [1997] MWHC 42 (13 November 1997)
Voting without registration certificates is an irregularity, but proved instances did not justify annulling the by-election.
  • Electoral law — voting procedure — production of voter registration certificate — irregularity; statutory duties of Electoral Commission to investigate (s.113); annulment discretionary — materiality of irregularities to result (s.114, s.118).
13 November 1997
September 1997
Mutsinze v The Attorney General (Civil Cause 55 of 1993) [1997] MWHC 41 (17 September 1997)
17 September 1997
August 1997
Malinda and 1 other v The Attorney General (Civil Cause 1206 of 1993) [1997] MWHC 40 (14 August 1997)
Plaintiff awarded K75,000 for 36 days' unlawful imprisonment; no punitive damages; defendants to pay costs.
  • Tort — False/unlawful imprisonment; assessment of general damages for detention; impact of currency devaluation on quantum; absence of evidence for punitive/aggravated damages; alternative pleading and absence of defence affecting apportionment of liability.
14 August 1997
Manyungwa v Stagecoach (Mw) Limited (Civil Cause 825 of 1990) [1997] MWHC 38 (13 August 1997)
Strike-out on Limitation Act grounds denied where neither party filed evidence on whether the claim was time-barred.
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13 August 1997
January 1997
Nkhata and 4 others v The Attorney General and 1 other (Civil Cause 575 of 1993) [1997] MWHC 39 (8 January 1997)
Assessment and apportionment of damages for assault, false imprisonment and malicious prosecution between party and State.
  • Torts — false imprisonment; assault and battery; malicious prosecution; vicarious liability of the State; apportionment of liability between independent tortfeasors; requirement to plead special damages for loss of employment/business.
8 January 1997