Results.
7 judgments found.
|
|
|
| May 1993 |
|
|
The applicant awarded substantial damages for serious, permanent injuries caused by the respondent's negligent driving.
-
Motor-vehicle negligence — Assessment of damages — Personal injuries — Serious and permanent injury — Closed head injury and open fracture with deformity — Application of restitutio in integrum and reliance on comparable awards — Default defendants absent at quantum assessment.
|
31 May 1993 |
|
Failure to obtain required ministerial consent rendered the local authority’s contract illegal, barring the contractor’s recovery.
-
Public law / procurement — Local Government (Urban Areas) Act — statutory tender requirements — ministerial consent for accepting non‑lowest tender — failure to obtain consent renders award and contract illegal and void ab initio — innocent contractor cannot recover under illegal contract.
|
27 May 1993 |
|
A nationally broadcast false allegation that the plaintiff stole money was defamatory per se; K300,000 awarded; exemplary damages considered.
-
Defamation — slander actionable per se — nationwide broadcast — aggravating factors (plaintiff’s high reputation, extent of publication, political motive, lack of apology) — exemplary damages — Rookes v. Barnard considered but Malawian courts retain broader discretion — compensatory award K300,000
|
26 May 1993 |
|
Court awarded compensatory and, where justified, exemplary damages for prolonged false imprisonment and destruction of property by public officers.
-
Civil liability — False imprisonment and trespass to land and goods; exemplary (punitive) damages versus aggravated (compensatory) damages; assessment of quantum; misconduct by public officers; deterrence and punishment.
|
19 May 1993 |
|
Arbitrary police arrest and detention without lawful cause attract discretionary general and exemplary damages.
-
False imprisonment — assessment of damages — discretionary nature of awards for loss of liberty and injury to feelings — exemplary damages against public officers for arbitrary arrest and delay in release after court order.
|
19 May 1993 |
|
Interlocutory injunction discharged where equity showed respondent might be unjustly enriched and substantive issues were for trial.
-
Interim injunctions — vacation/discharge — equitable principles — bills of exchange — remittance and exchange control — alleged fraud and unjust enrichment — interlocutory discretion.
|
19 May 1993 |
|
Summary judgment refused where authenticity of minutes, authorization of directors’ remuneration and tax-evasion allegations raised triable issues.
-
Civil procedure — Summary judgment (Order 14 r.3(1)) — Genuine triable issues of fact — Authenticity of minutes — Directors’ remuneration and authorization — Alleged tax-avoidance entries — Counterclaim treated as defence — Discovery and trial directions.
|
18 May 1993 |