High Court of Malawi Civil Division - 2022 January

3 judgments
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Results. 3 judgments found.

3 judgments
January 2022
Court found arrests unlawful, awarding damages for false imprisonment, defamation and business loss; malicious prosecution claim dismissed.
  • False imprisonment — unlawful arrest without reasonable suspicion; Duty to inform arrested person of reason for arrest; Malicious prosecution — requirement of substantive prosecution; Defamation — liability for publicity arising from state-instigated unlawful arrests; Loss of business — damages for confiscated and damaged business equipment; Assessment of damages and costs.
25 January 2022
Applicant awarded K2,003,000 for pain, suffering and loss of amenities after tricycle accident caused by insurer's insured negligence.
  • Personal injury — Assessment of damages after default judgment — Liability of insurer for tricycle driver — Pain and suffering and loss of amenities — Proof of special damages (police/medical reports) — Party and party costs.
13 January 2022
Claimant awarded K1,750,000 for pain and suffering for superficial wounds; no special damages proved.
  • Personal injury — Assessment of damages — Medical evidence establishes only superficial wounds — Special damages must be specifically pleaded and proved — Award for pain and suffering K1,750,000; no award for special damages, loss of amenities or disfigurement.
13 January 2022