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High Court of Malawi Civil Division - 2021 March

2 judgments
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2 judgments
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Judgment date
March 2021
Ngwenyama and Ngwenyama ( Joint administrators on their own behalf and on behalf of the dependents of the estate of Gift Ngwenyama) v Mkhaya and Reunion Insurance Company Limited (Personal Injury Cause 255 of 2020) [2021] MWHCCiv 21 (19 March 2021)
Claim dismissed as statute-barred; lack of letters of administration is not a disability extending the limitation period.
Limitation of actions – negligence claims – three-year limitation under Limitation Act – disability exception does not include lack of letters of administration; Road Traffic Act s148 inapplicable where insurer sued jointly with insured; procedural rule citation imprecision not fatal if not misleading.
 19 March 2021
State v Inspector General of Police and 2 Others Exparte M.M and 18 Others (Judicial Review Cause 7 of 2020) [2021] MWHCCiv 29 (9 March 2021)
Failure of the police to investigate and prosecute sexual violence by officers violated rights to dignity, equality and freedom from torture; compensation awarded.
Constitutional law – State liability for human-rights violations – Police failure to investigate sexual violence – Breaches of dignity, equality and freedom from torture – Compensation under section 46(4).
 9 March 2021