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High Court of Malawi Civil Division - 2022 June

8 judgments
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8 judgments
Citation
Judgment date
June 2022
S (on Application of Stanley Chipeta) v Council of Mzuzu University (Civil Cause 63 of 2021) [2022] MWHCCiv 46 (29 June 2022)
Taxation on the standard basis; instruction fee partly allowed, brief fees disallowed, total taxed costs MK30,421,125.
Costs taxation – standard basis assessment – counsel hourly rate – instruction fee allowed; brief fees disallowed – reduction of excessive hours and disbursements – care and conduct uplift.
 29 June 2022
Mwanyongo v Mwakaileke and Another (Civil Cause 1 of 2016) [2022] MWHCCiv 64 (28 June 2022)
Default judgment awarding declarations, injunction and damages for trespass on claimant's leased land; damages to be assessed by Registrar.
Property law – Trespass – Default judgment – Declaratory relief and permanent injunction – Damages to be assessed by Registrar to include inconvenience.
 28 June 2022
Baton v Makubi & Anor. (Personal Injury Cause 734 of 2021) [2022] MWHCCiv 34 (24 June 2022)
24 June 2022
Gama v Maldeco Fisheries (Personal Injury 388 of 2017) [2022] MWHCCiv 30 (24 June 2022)
Assessment of damages for asbestos exposure: non-pecuniary losses awarded; brain damage and loss of earning capacity not proved.
Personal injury — Asbestos exposure — Assessment of damages — Pain and suffering; loss of amenities; special damages proof; loss of earning capacity — Necessity of medical proof for brain damage and receipts for special expenses.
 24 June 2022
Robert v Friday & Anor. (Personal Injury Cause 515 of 2020) [2022] MWHCCiv 29 (24 June 2022)
Damages assessed after admitted liability; policy-limit evidence improper at assessment; awards based on minimum wage and multiplier.
Assessment of damages – procedure where parties fail to agree after mediation – inadmissibility of policy-limit evidence at damages assessment – representation and binding effect of admissions – computation method for loss of dependency using minimum wage and multiplier.
 24 June 2022
Chirwa v Kamanga (Civil Cause 109 of 2020) [2022] MWHCCiv 25 (23 June 2022)
Court awarded MK4,810,000 for proven injuries, rejecting unproven traumatic brain injury and unsubstantiated business income.
Road traffic accident — quantum of damages — pain and suffering, loss of amenities, disfigurement — loss of earnings and earning capacity — proof of traumatic brain injury and business income — reliance on comparable awards.
 23 June 2022
Nankhumwa ( Suing on behalf of Owen Nankhumwa) v Charles and Prime Insurance Company Limited (Civil Cause 929 of 2019) [2022] MWHCCiv 38 (23 June 2022)
Assessment of personal injury damages after default judgment: court awards MK12,000,000 for pain, disfigurement and 28% incapacity.
Personal injury — assessment of damages — pain and suffering, loss of amenities, disfigurement — permanent incapacitation assessed at 28% — use of comparable awards — default judgment — quantum and costs.
 23 June 2022
Republic v Million (Criminal Case 30 of 2019) [2022] MWHCCiv 42 (23 June 2022)
The respondent’s five‑year sentence for defiling a 12‑year‑old was manifestly inadequate and increased to 14 years.
Criminal law – Defilement – Sentencing – Starting point of 14 years for victims at the lower end of age spectrum – Review standard for sentences: error in principle/manifestly inadequate or excessive – Aggravating factors: victim age (12), use of force and threats, significant age gap – Mitigation: youth and first offender status insufficient to justify leniency.
 23 June 2022