High Court of Malawi Civil Division - 1995 December

4 judgments

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4 judgments
Citation
Judgment date
December 1995
Custodial assault and ill-treatment attract damages; lawful arrest under an objectionable law did not automatically amount to false imprisonment.
False imprisonment – lawful arrest under objectionable law; Assault and inhuman treatment in custody – damages; Loss of profits – damages assessed; Article 138(1) Constitution – National Compensation Tribunal and forum choice.
29 December 1995
Assessment of damages after default judgment for injuries from a police shooting; plaintiff found credible and awarded compensation.
Assessment of damages — default judgment — police shooting — personal injury — credibility of witness evidence — quantum for pain, suffering, loss of amenities and earning capacity — costs.
19 December 1995
Repeated state detention tolled limitation; plaintiff entitled to repayment for duress, pension recalculation, and exemplary damages for false imprisonment.
Limitation Act s25 (fraud/concealment) – tolling of limitation by continuous state detention; Duress and money had and received – extorted payments repayable with interest; Pension law – entitlement and re‑calculation of employer and employee contributions; False imprisonment – prolonged administrative detention, neglect of medical care, exemplary damages; Detention orders and unlawful administrative detention.
5 December 1995
Application to set aside default judgment dismissed where defendant had already vacated premises and no award for mesne profits existed.
Civil procedure – Default judgment – Setting aside under Order 13 Rule 9 – Discretion guided by Evans v Bartlam – Defendant must show a defence with a real prospect of success – No need to set aside judgment where relief (possession) already achieved – Damages/mesne profits cannot be assessed absent an award.
1 December 1995