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High Court of Malawi Civil Division - 1995 November

4 judgments
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4 judgments
Citation
Judgment date
November 1995
Blantyre Chalk Makers Ltd v Malawi Book Service (Civil Cause 1374 of 1994) [1995] MWHCCiv 8 (28 November 1995)
Defendant liable for cancellation of school-supply orders; plaintiff awarded loss-of-profits K423,970.75 for 89,257 undelivered boxes.
Contract — repudiation/cancellation of purchase orders — measure of damages: loss of profits versus market-price under Sale of Goods Act; requirement of a genuine available market; assessment of quantum based on reasonably established production cost; rejection of inadequately pleaded loss of chance.
 28 November 1995
Kabutsa v Banda (Civil Cause 809 of 1994) [1995] MWHCCiv 16 (22 November 1995)
Court awarded the plaintiff K7,000 for personal injuries: K3,000 for loss of earning capacity and K4,000 for pain and suffering.
Personal injury — assessment of damages — fractured arm and scalp lacerations — hospitalization and visible scarring — loss of earning capacity; pain, suffering and loss of amenities — absence of medical report not fatal to finding ongoing disability.
 22 November 1995
Mhone & 4 Ors. v Rooyen (Civil Cause 750 of 1994) [1995] MWHCCiv 21 (22 November 1995)
Court disallowed post-evidence amendment of a default judgment and made modest awards for personal injury and dependency based on limited evidence.
Civil procedure – amendment of default judgment after evidence – amendment disallowed where it would correct evidential defect and be inequitable; Assessment of damages – credibility of medical and oral evidence; Personal injury damages; Loss of dependency calculation and assumptions; Costs awarded to successful plaintiffs.
 22 November 1995
Kafanyanga v Kondowe (Civil Cause No. 802 of 1994) [1995] MWHCCiv 9 (20 November 1995)
Court refused full stay pending appeal, ordered K20,000 paid and K15,000 deposited into court pending appeal.
Civil procedure — Stay of execution pending appeal — Order 59 r.13 — Discretionary stay — Burden on applicant to show irrecoverability of funds — Partial payment and balance paid into court as security pending appeal.
 20 November 1995