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High Court of Malawi Civil Division - 1997 August

2 judgments
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2 judgments
August 1997
The Leasing and Finance Company of Malawi Ltd v Chiume & Anor. (Civil Cause 1375 of 1994) [1997] MWHCCiv 17 (19 August 1997)
Lease required written notice before interest rate increases; interest must be calculated at pleaded 38½% and plaintiff awarded K15,000 (detinue) and K5,000 (trespass).
  • Contract/Lease — Variation of interest rate — Written notice required by agreement before increasing rate; Pleadings — interest specifically pleaded must be calculated not merely assessed; Detinue — continuing cause of action — damages for detention recoverable where chattel returned; Trespass — award of compensatory damages.
19 August 1997
Malinda v Medical Aid Society Of Malawi & Another (Civil Cause 1206 of 1993) [1997] MWHCCiv 12 (14 August 1997)
Plaintiff awarded K75,000 for 36 days' false imprisonment; punitive damages denied for lack of evidence.
  • False imprisonment — compensatory damages for 36 days' detention — quantum assessed in light of prior awards and currency devaluation — no punitive/aggravated damages for lack of evidence — alternative pleading and absence of defence limited apportionment of liability.
14 August 1997