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High Court of Malawi Civil Division - 2021 November

3 judgments
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3 judgments
November 2021
Kachapila and 13 Others v Chiumia and Attorney General ( Ministry of Home Affairs and Internal Security ) (Civil Cause 5 of 2018) [2021] MWHCCiv 1 (16 November 2021)
Assessment of damages for false imprisonment and defamation against the respondent held vicariously liable.
  • Tort — False imprisonment — Damages for loss of liberty, humiliation and stigma; Defamation — damages at large to vindicate reputation; Assault and inconvenience considered within false imprisonment; Vicarious liability of employer.
16 November 2021
Banda and Another v Banda (Civil Review 170 of 2021) [2021] MWHCCiv 24 (15 November 2021)
A default judgment on non-monetary claims was set aside; subordinate court must hear the parties.
  • Courts Act s26 — supervisory/revisionary jurisdiction; Subordinate Court Rules Order XIX — default judgments; Default judgment only for specified monetary claims; Inadvertent default judgment set aside and matter remitted for hearing.
15 November 2021
Nsaku and 3 Others v Lilongwe City Council (Civil Cause 810 of 2021) [2021] MWHCCiv 25 (1 November 2021)
Application for interlocutory injunction dismissed: traders on a road reserve have no serious claim and damages or relocation suffice.
  • Interlocutory injunction — test (serious question, adequacy of damages, justice) — occupation on road reserve — temporary permission to trade — alternative relocation provided — Public Roads Act/compensation issues — balance of convenience and public interest.
1 November 2021