Results.
541 judgments found.
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| October 2007 |
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Court refused to strike out committal summons, holding committal and property execution can be pursued concurrently.
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Civil procedure — service of summons — Registrar’s signature — Courts Act s3(1)(a); Enforcement of judgment — committal to prison — consent order — simultaneous enforcement remedies; Jurisdiction — abuse of process — striking out; Assessment of means — JDS; Constitutional challenge — section 19(3).
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15 October 2007 |
| July 2003 |
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Mandatory section 254 breaches vitiate convictions; sentencing of first offenders requires recorded reasons under section 340.
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Criminal procedure — Section 254 CP&EC (case to answer) mandatory — failure to find prima facie case vitiates conviction; Sentencing — section 340 CP&EC requires recorded reasons before custodial sentence for first offenders; Review/confirmation — High Court may quash convictions, order retrial, enhance or reduce sentences; Judgment requirements — courts must state points for determination, reasons, and assessment of evidence; Statutory maxima — sentences exceeding prescribed limits are unlawful.
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24 July 2003 |
| February 2000 |
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10 February 2000 |
| January 2000 |
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Defendant liable for false imprisonment where its agents arrested and handed plaintiff to police; defamation and business-loss claims unproven.
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Tort — False imprisonment — liability where employer's agents effect arrest and hand over suspect to police; mere reporting differs from making a charge
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Defamation — requires publication to third parties and proof of reputational harm
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Damages — defendant liable only for period attributable to its actions; police delay reduces defendant's exposure
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Evidence — credibility and presence of witness critical; hearsay unacceptable to rebut direct evidence
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31 January 2000 |
| June 1999 |
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Plaintiff proved negligence where a learner driver overtook unsafely; vehicle damages awarded but unproven towing costs denied.
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Motor vehicle negligence — overtaking a stopped minibus — learner driver driving without competent supervision or 'L' plates — burden of proof on plaintiff — special damages must be pleaded and proved.
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1 June 1999 |
| November 1998 |
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Dispute whether departure was retirement or resignation and entitlement to severance calculated under Ministry of Labour formula.
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Employment law — termination by retirement v resignation — terminal benefits and severance pay — absence of written conditions of service — application of Ministry of Labour severance formula — year-end bonus not part of terminal benefits.
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6 November 1998 |
| March 1998 |
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Defendant's application to set aside judgment granted; no undue delay and parties to bear their own costs.
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Civil procedure — setting aside judgment — default judgment review — undue delay and prejudice — merits to prevail over procedural technicalities — costs each party to bear.
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18 March 1998 |
| October 1997 |
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Employer liable for false imprisonment and defamation where police arrested and paraded employees at employer's request without charge.
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Employment law — False imprisonment — Employer‑initiated arrest — Police acting as agents of employer; Defamation — Parading employees in handcuffs/public exposure — Publication and damages.
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24 October 1997 |
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Plaintiff recovers hire charges where vehicle owner performed hire in breach of mandatory insurance, but plaintiff lacked knowledge.
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Road Traffic Act, s.59 — mandatory third-party insurance — illegality of contract performance — ex turpi causa non oritur actio — knowledge and participation required to bar recovery for breach.
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16 October 1997 |
| September 1997 |
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Default judgment set aside where detention was unlawfully prolonged and Limitation Act, not post‑Constitution tribunal, governed pre‑commencement claims.
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Civil procedure — setting aside judgment in default — triable issues — wrongful detention — Preservation of Public Security Act — Limitation Act s.4(1), s.22(4) — Constitution Chapter XIII — National Compensation Tribunal — jurisdiction for pre‑commencement actions.
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16 September 1997 |
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A consent order binds only the consenting parties; rescission requires a fresh action or appeal, not a Registrar’s interlocutory setting-aside.
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Civil procedure — Consent orders — Nature of consent judgment as contractual agreement between parties — Privity of contract; cannot bind third parties — Rescission of consent orders requires fresh action or appeal — Registrar lacked jurisdiction to set aside consent order — Disputes over sheriff’s fees to be resolved by Master/taxation.
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15 September 1997 |
| August 1997 |
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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).
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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.
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19 August 1997 |
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Plaintiff awarded K75,000 for 36 days' false imprisonment; punitive damages denied for lack of evidence.
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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.
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14 August 1997 |
| June 1997 |
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The applicant awarded K4,630,000 for unconstitutional forfeiture and loss of property.
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Forfeiture and restitution — unconstitutional forfeiture under Forfeiture Act — assessment of fair compensation for land used in business (value to owner and disturbance loss) — valuation of confiscated chattels and award of general damages.
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30 June 1997 |
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Driver’s failure to keep proper lookout when turning caused collision; plaintiff awarded K50,000, loss-of-earnings claim dismissed.
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Road traffic accident — Negligence — Duty to keep proper lookout when turning right — vicarious liability of employer — loss of earnings claim dismissed for lack of causal proof — general damages awarded K50,000.
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25 June 1997 |
| May 1997 |
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Claim for unpaid transport services allowed; debts awarded with interest at ordinary savings rate from action commencement and costs.
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Contract and debt recovery — proof of agreement and invoices; Interest on overdue commercial debts — discretionary award and appropriate rate (ordinary savings deposit rate); Foreign currency invoices — conversion into Malawi Kwacha on payment; Civil procedure — substituted service and proceeding in defendant's absence.
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19 May 1997 |
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Whether exemplary and compensatory damages are awardable for false imprisonment by a political party and how to quantify them.
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False imprisonment; exemplary (punitive) damages; Rookes v Barnard categories; liquidated vs unliquidated claims; assessment and quantum of damages; political party liability.
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8 May 1997 |
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Newspaper publication lowered the plaintiffs’ reputations; each awarded K15,000 where no privilege and defendant defaulted.
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Defamation — newspaper publication — reputational harm — assessment of general damages (circulation, ability to clear character, defendant’s conduct) — confidentiality of source not a privilege to excuse defamatory publication.
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6 May 1997 |
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Court awarded differing general damages for two injured child passengers but declined future loss of earnings without supporting evidence.
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Damages — Quantum of general damages for pain, suffering, loss of amenities and disfigurement — Assessment based on medical reports and visibility/severity of scars; Future loss of earnings — requirement of evidence of impairment to earning capacity; liability admitted.
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6 May 1997 |
| March 1997 |
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Government’s forfeiture and conversion of plaintiff’s property entitled plaintiff to damages assessed at market value at judgment date.
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Forfeiture Act — constitutional challenge; conversion of property by the State; limitation statute — when action not statute-barred; measure of damages for conversion — market value at date of judgment; rescission of forfeiture order but failure to return property.
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10 March 1997 |
| February 1997 |
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Failure to comply with prescribed originating-summons forms and acknowledgement requirements bars restoration; application dismissed with costs.
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Civil procedure — Originating summons — Failure to comply with Orders 7 and 28 of the Rules of the Supreme Court — Prescribed forms (Form No. 8, 10, 11) and acknowledgement of service required — Court will not restore defective pleadings — Application dismissed with costs.
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6 February 1997 |
| January 1997 |
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Plaintiff owned the car; forfeiture against husband did not vest wife's separately owned vehicle in Government, judgment for conversion entered.
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+ Civil procedure — Judgment on admissions (Order 27 Rule 3) — admissions must be clear and unequivocal
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Forfeiture Act — vesting of property — only vests property of person subject to forfeiture order in Administrator General
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+ Property law — Married Women’s Property Act — married woman may have separate property distinct from husband
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+ Conversion — sale of property seized under forfeiture where ownership belonged to non-subject person gives cause for damages
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30 January 1997 |
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Forfeiture order was unlawful and unconstitutional because the plaintiff was deprived of property without compensation or opportunity to be heard.
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Forfeiture law — Ministerial power to forfeit property — Procedural fairness and right to compensation — UN Universal Declaration and constitutional protections — Legal disability under forfeiture and effect on limitation.
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22 January 1997 |
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Whether the respondent electricity supplier negligently reconnected power, causing fire and compensable loss.
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Tort — Negligence — Duty of care and proximity — Electricity supplier’s liability for fires from arcing and short‑circuiting; res ipsa loquitur applicable where defendant had sole control and offered no adequate explanation
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Evidence — Lay eyewitness testimony on sparks/arcing admissible and can be preferred to a weak technical witness
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Damages — Recovery for property destruction, house replacement and lost rentals; interest on damages not recoverable under Malawi law
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16 January 1997 |
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Conditional surrender invalidated sale; sale without consent amounted to conversion, netting a small judgment after set-off.
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Civil law — Conversion of chattels — Repossession versus sale — conditional surrender — set-off of employer’s counterclaim for unpaid advances, insurance and notice pay — assessment of damages and loss of use.
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8 January 1997 |
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Political party liable for on-site assault and short-term detention; State vicariously liable for prolonged police custody and malicious prosecution.
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Tort — False imprisonment; Assault and battery; Malicious prosecution; Vicarious liability of State for police conduct; Liability of political party for acts of office-bearers; Apportionment of liability between independent tortfeasors; Pleading requirements for special damages.
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8 January 1997 |
| December 1996 |
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Whether damages for conversion are assessed at conversion date or judgment date when defendant unlawfully detains goods.
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Torts — Conversion: accrual at date of conversion; measure of damages generally value at conversion; value at judgment recoverable where defendant's continued detention causes loss; award of general damages for detention.
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17 December 1996 |
| November 1996 |
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Plaintiff awarded aggravated damages for widely broadcast defamatory imputation of unchastity by political actors; defendants found malicious and liable.
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Defamation — imputation of unchastity — publication by live and rebroadcast via national broadcaster — party responsibility for broadcasts — aggravated/exemplary damages where defendants act with malice, fail to apologise and control publication — failure to give defence evidence — assessment of damages.
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29 November 1996 |
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Compound interest at the bank/minimum lending rate plus 1% awarded on a commercial debt from 1 November 1994 until payment.
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Interest — Commercial debt — Compound interest awarded — Rate: bank/minimum lending rate plus 1% — Interest from 1 November 1994 until payment — Costs awarded.
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28 November 1996 |
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Plaintiff entitled to possession via Administrator General allocation; defendants lacked title or adverse possession.
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Land — Possession proceedings under Order 11 RSC; originating summons against trespassers; title via Administrator General allocation; adverse possession requirements; hearsay inadmissible; municipal licences do not convey title.
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5 November 1996 |
| October 1996 |
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Defendant vicariously liable for driver’s negligence in striking cyclist; damages awarded for personal injury.
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23 October 1996 |
| September 1996 |
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Belated application to set aside default judgment denied where no acceptable explanation for delay beyond Order 35 Rule 2.
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Civil procedure — setting aside default judgment — Order 35 Rule 2 (seven-day time limit) — extension of time — need for acceptable explanation for delay — discretion not exercised where delay unexplained.
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26 September 1996 |
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Whether "basic pay" in the Wages Order means hourly pay and overtime is payable at one-and-a-half times the hourly rate.
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Wages Order interpretation — "basic pay" construed as hourly rate; overtime payable at 1.5 times hourly rate; interest on wage arrears only where claim is a debt; costs each party to bear.
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11 September 1996 |
| August 1996 |
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An unverified creditor letter to an employer was defamatory; qualified privilege failed due to lack of corresponding interest and malice.
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Defamation — publication to employer; vicarious liability for agent's publication; qualified privilege — absence of corresponding interest; malice defeats privilege; apology as mitigation; compensatory damages awarded.
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27 August 1996 |
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The plaintiff shot and beaten by police was awarded K60,000 for pain, suffering and loss of amenities.
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Assessment of damages — police shooting and beating — pain and suffering; loss of amenities; default judgment; comparative awards to fix quantum.
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16 August 1996 |
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Plaintiff succeeded on a claim of false imprisonment and degrading treatment; a related-file settlement did not bar relief.
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False imprisonment — unlawful post-release detention — degrading treatment and intrusive searches — detainee access to International Committee of the Red Cross — related-file settlement not dispositive.
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15 August 1996 |
| July 1996 |
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Originating summons inappropriate because substantial factual disputes about the applicant's interdiction and alleged defamation require proceedings by writ.
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Public Service interdiction — Section 27(1)(a) Public Service Act — Originating summons v writ (Order 5 rule 4) — Substantial disputes of fact — Alleged defamation and damages — Procedural requirement for trial where affidavits insufficient.
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19 July 1996 |
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Reinstated employees entitled to commuted leave pay as "salary" under consent order; non-contractual allowances not payable.
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Employment law — reinstatement and assessment of back-pay — interpretation of consent order — commutation of leave pay as contractual "salary" — non-contractual allowances not recoverable — deduction limited to terminal benefits/ex-gratia/gratuity and specified sums — burden on employer to prove failure to mitigate.
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19 July 1996 |
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18 July 1996 |
| June 1996 |
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Applicant awarded K4,000 for false imprisonment; court limited relief to pleaded claims and refused loss-of-employment damages.
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False imprisonment — exemplary damages — damages limited to pleaded causes — prolonged detention without court appearance — denial of medical treatment in custody — assessment of quantum.
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28 June 1996 |
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Seller fulfilled delivery under a lump-sum sale; a signed invoice bound the purchaser, awarding judgment and interest to the plaintiff.
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Contract of sale — sale of selected stock for lump-sum price — signed invoice binding purchaser — unsigned internal records (IGRS/L.P.O.) inadmissible as proof of delivery — delivery obligation satisfied — interest for delayed payment.
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7 June 1996 |
| May 1996 |
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Unlawful 18-month detention and unhygienic prison conditions entitled the applicant to K180,000 damages and costs.
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False imprisonment — detention without explanation — overcrowded and unsanitary prison conditions — aggravation of damages — hearsay insufficiency for special damages — failure to comply with disclosure — general traverse inadequate.
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28 May 1996 |
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Assessment of damages for death by defendant's agent: conventional solatium, dependency, vehicle loss and loss-of-use awards.
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Negligence — assessment of damages for wrongful death — conventional award for loss of expectation of life — calculation of loss of dependency (wages, allowances, retirement prospects) — special damages for destroyed motor vehicle and loss of use — apportionment among dependants; exclusion of adult children.
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17 May 1996 |
| April 1996 |
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Summary judgment refused due to genuine disputes on interest, timing, contract divisibility and payment acceptance.
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Civil procedure — summary judgment — genuine disputes of fact — agreement on interest on overdue payments — time of the essence — divisible contract — legal effect of counsel accepting payment and remitting bank draft; remedy against carrier for late arrival of goods.
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23 April 1996 |
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Contractor entitled to contractual interest; bank charges not recoverable and payment into local account limited remedies.
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Contract construction — entitlement to interest on overdue payments; recoverability of bank charges and deductions; payment into wrong account — effect on entitlement; applicability of arbitration clause.
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3 April 1996 |
| March 1996 |
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Foreign medical expenses not pleaded are excluded; plaintiff awarded K138,000 for injuries and lost earnings.
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Personal injury — Assault and battery by police — Damages — Distinction between general and special damages — Need for pleading and proof of foreign medical treatment expenses — Loss of earnings where income particulars absent.
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25 March 1996 |
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The respondent employer was liable for the applicant’s injuries caused by a faulty concrete mixer; damages to be assessed.
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Employer’s duty to provide and maintain safe plant and equipment — negligence for permitting use of defective concrete mixer — credibility and weight of witness testimony — contributory negligence assessed in employment context — damages to be assessed by Registrar.
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22 March 1996 |
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Whether the plaintiff was entitled to salary arrears and three months' notice pay after suspension and unilateral termination.
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Employment law — suspension — entitlement to salary during suspension — unilateral termination/abolition of employment — salary in lieu of notice — assessment on uncontested evidence and employer's computation.
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20 March 1996 |
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Applicant interdicted without pay awarded lump‑sum back pay to trial date and costs.
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Employment law — interdiction (suspension without pay) — entitlement to back pay — assessment of damages as lump sum at date of trial — default judgment and assessment proceedings.
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13 March 1996 |
| February 1996 |
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Court allowed hearing in counsel's absence and refused late affidavits, directing defendant's counsel to address plaintiff's counsel and inspect the record.
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Civil procedure — summary judgment on admissions — proceeding in absence of counsel under Order 32 — late affidavits and adducing new evidence — duty of counsel and case management to prevent delay.
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22 February 1996 |