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High Court of Malawi Civil Division - 1996 May

2 judgments
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2 judgments
May 1996
Kanyama v AG (Civil Cause 961 of 1994) [1996] MWHCCiv 22 (28 May 1996)
Unlawful 18-month detention and unhygienic prison conditions entitled the applicant to K180,000 damages and costs.
  • False imprisonment — detention without explanation — overcrowded and unsanitary prison conditions — aggravation of damages — hearsay insufficiency for special damages — failure to comply with disclosure — general traverse inadequate.
28 May 1996
Sapanga v AG (Civil Cause 2299 of 1994) [1996] MWHCCiv 19 (17 May 1996)
Assessment of damages for death by defendant's agent: conventional solatium, dependency, vehicle loss and loss-of-use awards.
  • Negligence — assessment of damages for wrongful death — conventional award for loss of expectation of life — calculation of loss of dependency (wages, allowances, retirement prospects) — special damages for destroyed motor vehicle and loss of use — apportionment among dependants; exclusion of adult children.
17 May 1996