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Citation
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Judgment date
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| December 1994 |
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High Court lacks jurisdiction to grant parental responsibility orders over an infant not resident in Malawi.
Jurisdiction – High Court guardianship powers under s11(a)(i) Courts Act – residence requirement; Constitutional provision s23(3) does not confer in rem jurisdiction; infant not resident in Malawi – application dismissed.
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20 December 1994 |
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Damages awarded for pain, disfigurement and loss of amenities; no loss-of-earnings award for lack of causal link.
Personal injury — assessment of damages — pain and suffering, disfigurement, loss of amenities — causation for loss of earnings — weight to medical disability report where clinical recovery progressed.
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14 December 1994 |
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Court ordered security for costs against foreign-resident plaintiff after balancing success likelihood and enforceability concerns.
Civil procedure – Security for costs (Order 23 Rule 1) – Foreign plaintiff – Residence abroad not per se ground for security – Court’s discretion to consider likelihood of success and practicability of enforcement – Order for K10,000 or bond ordered.
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14 December 1994 |
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Remand on bail ended the detention period; plaintiff awarded K30,00 and costs for false imprisonment.
False imprisonment – assessment of quantum – period of detention ends when remanded on bail – damages for loss of liberty are at large and assessed on multiple factors – prior awards illustrative only.
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13 December 1994 |
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Interlocutory injunction refused where granting it would grant substantive relief and cause injustice to the occupying respondent.
Interlocutory injunctions – equitable remedy – caution against granting substantive relief before trial – occupation prior to lease – potential prejudice to occupier's rights against third party (city council).
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1 December 1994 |