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Principal Registry - 2013

2 judgments
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2 judgments
October 2013
Agness Milson & Dafuleni Fletcher v United General Insurance (Personal Injury Cause 122 of 2012) [2013] MWHC 496 (15 October 2013)
Insurer liable for passengers' injuries despite policy exclusion; owner negligent for failing to keep vehicle in repair.
  • Road Traffic Act s.148(2) — insurer liability despite policy exclusions; Owner's duty to keep vehicle in repair — res ipsa loquitur; Procedural joinder — late objection and available remedies (third-party notice/calling witness).
15 October 2013
A L Gawani v Malawi Posts Corporation (Civil Cause 2187 of 2008) [2013] MWHC 497 (15 October 2013)
Compliance with a lawful police request to hand over the applicant did not constitute false imprisonment or defamation.
  • False imprisonment — private person assisting police — s41(a) Criminal Procedure and Evidence Code — lawful delivery to police; Defamation — conduct as publication — mere arrest/handcuffing not necessarily defamatory; Compliance with lawful police request as defence to civil liability; Failure to prosecute does not of itself establish false imprisonment.
15 October 2013