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High Court of Malawi Civil Division - 1997 May

4 judgments
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4 judgments
Citation
Judgment date
May 1997
Mkwezalamba t/a Gands Transport v Cargo Force Ltd (Civil Cause 1480 of 1994) [1997] MWHCCiv 13 (19 May 1997)
Claim for unpaid transport services allowed; debts awarded with interest at ordinary savings rate from action commencement and costs.
Contract and debt recovery – proof of agreement and invoices; Interest on overdue commercial debts – discretionary award and appropriate rate (ordinary savings deposit rate); Foreign currency invoices – conversion into Malawi Kwacha on payment; Civil procedure – substituted service and proceeding in defendant's absence.
 19 May 1997
Mwale v MCP (Civil Cause 1776 of 1994) [1997] MWHCCiv 7 (8 May 1997)
Whether exemplary and compensatory damages are awardable for false imprisonment by a political party and how to quantify them.
False imprisonment; exemplary (punitive) damages; Rookes v Barnard categories; liquidated vs unliquidated claims; assessment and quantum of damages; political party liability.
 8 May 1997
Ngwira & Another v Financial Observer (Civil Cause 175 of 1994) [1997] MWHCCiv 8 (6 May 1997)
Newspaper publication lowered the plaintiffs’ reputations; each awarded K15,000 where no privilege and defendant defaulted.
Defamation – newspaper publication – reputational harm – assessment of general damages (circulation, ability to clear character, defendant’s conduct) – confidentiality of source not a privilege to excuse defamatory publication.
 6 May 1997
Ngwira (Infant) & Anor. v Kalimira & Anor. (Civil Cause 1269 of 1994) [1997] MWHCCiv 18 (6 May 1997)
Court awarded differing general damages for two injured child passengers but declined future loss of earnings without supporting evidence.
Damages — Quantum of general damages for pain, suffering, loss of amenities and disfigurement — Assessment based on medical reports and visibility/severity of scars; Future loss of earnings — requirement of evidence of impairment to earning capacity; liability admitted.
 6 May 1997