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High Court of Malawi Civil Division - 1996 March

4 judgments
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4 judgments
March 1996
Gama v AG (Civil Cause 1361 of 1994) [1996] MWHCCiv 5 (25 March 1996)
Foreign medical expenses not pleaded are excluded; plaintiff awarded K138,000 for injuries and lost earnings.
  • Personal injury — Assault and battery by police — Damages — Distinction between general and special damages — Need for pleading and proof of foreign medical treatment expenses — Loss of earnings where income particulars absent.
25 March 1996
Nkagula v Terrazo and Building Ltd (Civil Cause 186 of 1994) [1996] MWHCCiv 4 (22 March 1996)
The respondent employer was liable for the applicant’s injuries caused by a faulty concrete mixer; damages to be assessed.
  • Employer’s duty to provide and maintain safe plant and equipment — negligence for permitting use of defective concrete mixer — credibility and weight of witness testimony — contributory negligence assessed in employment context — damages to be assessed by Registrar.
22 March 1996
Kalonga v AG (Civil Cause 2010 of 1994) [1996] MWHCCiv 9 (20 March 1996)
Whether the plaintiff was entitled to salary arrears and three months' notice pay after suspension and unilateral termination.
  • Employment law — suspension — entitlement to salary during suspension — unilateral termination/abolition of employment — salary in lieu of notice — assessment on uncontested evidence and employer's computation.
20 March 1996
Namwela v AG (Civil Cause 2044 of 1994) [1996] MWHCCiv 8 (13 March 1996)
Applicant interdicted without pay awarded lump‑sum back pay to trial date and costs.
  • Employment law — interdiction (suspension without pay) — entitlement to back pay — assessment of damages as lump sum at date of trial — default judgment and assessment proceedings.
13 March 1996