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High Court of Malawi Civil Division - 1994 February

4 judgments
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4 judgments
Citation
Judgment date
February 1994
Mwawa v Jekemu & Another (Civil Cause 883 of 1993) [1994] MWHCCiv 6 (10 February 1994)
Originating summons under Order 113 is procedural; matter prematurely before Judge and must be referred to the Master.
Land law - Possession - Originating summons under Order 113, Rules of the Supreme Court - Procedural nature of Order 113 - Jurisdiction: Master to hear under rule 1A; premature hearing before Judge - No adjudication on merits of title or ancestral occupation.
 10 February 1994
Kamba v AG (Civil Cause 1267 of 1993) [1994] MWHCCiv 26 (4 February 1994)
Section 4 notice required only for actions involving public statutory duties; private employment contract claims need no prior notice.
Civil Procedure (Suits by or against Government or Public Officers) Act s.4 — notice requirement limited to actions arising from acts done in pursuance/execution/intended execution of statute, law, public duty or authority — distinction between public-duty acts and private contractual obligations — default judgment not irregular where claim is for private contract.
 4 February 1994
Lester v Naming'omba (Civil Cause 1307 of 1993) [1994] MWHCCiv 37 (4 February 1994)
Assessment of damages for workplace injury: award for pain, loss of amenities and diminished earning capacity totaling K23,912.
Personal injury — workplace accident — comminuted fracture of humerus — medical evidence of 10% permanent incapacity — assessment of damages for pain and suffering, loss of amenities and diminished earning capacity — award totaling K23,912.
 4 February 1994
Young v Kachulu & Anor. (Civil Cause 1182 of 1993) [1994] MWHCCiv 22 (4 February 1994)
Default judgment set aside where defendants gave a plausible explanation and showed a prima facie defence of contributory negligence.
Civil procedure — setting aside default judgment (Order 13 Rule 9) — court’s discretion — need for prima facie defence — explanation for default relevant but not decisive — contributory negligence can raise triable issue — authorities: Evans v Bartlam; Alpine Bulk Transport; Burns v Kondel.
 4 February 1994