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High Court of Malawi Civil Division - 1997 June

2 judgments
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2 judgments
June 1997
Khansia v AG (Civil Cause 33 of 1994) [1997] MWHCCiv 19 (30 June 1997)
The applicant awarded K4,630,000 for unconstitutional forfeiture and loss of property.
  • Forfeiture and restitution — unconstitutional forfeiture under Forfeiture Act — assessment of fair compensation for land used in business (value to owner and disturbance loss) — valuation of confiscated chattels and award of general damages.
30 June 1997
Mponda v Air Malawi Ltd & Another (Civil Cause 1397 of 1994) [1997] MWHCCiv 5 (25 June 1997)
Driver’s failure to keep proper lookout when turning caused collision; plaintiff awarded K50,000, loss-of-earnings claim dismissed.
  • Road traffic accident — Negligence — Duty to keep proper lookout when turning right — vicarious liability of employer — loss of earnings claim dismissed for lack of causal proof — general damages awarded K50,000.
25 June 1997