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Lilongwe District Registry- Civil Division - 2022 July

3 judgments
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3 judgments
July 2022
State( on Application of Raise 1996 ( Private) Limited t/a Multichoice Malawi v Malawi Communications Regulatory Authourity (Judicial Review Case 32 of 2022) [2022] MWHCCiv 54 (25 July 2022)
Leave denied: claimant’s judicial review was premature for failing to exhaust licence arbitration and internal remedies.
  • Administrative law — Judicial review — Leave required; alternative remedies/arbitration under licence; Communications Act s74 (tariff regulation) and clause 11.2 (prior approval) — Preliminary findings and procedural fairness — Ultra vires challenge to regulatory inquiry.
25 July 2022
Mickson v Kumwenda and Prime Insurance Company Limited (Civil Cause 544 of 2019) [2022] MWHCCiv 39 (7 July 2022)
Assessment of personal injury damages reduced for evidentiary discrepancies and subject to agreed contributory negligence.
  • Assessment of damages — personal injury — pain and suffering, loss of amenities, disfigurement — reliance on comparable local awards — effect of contributory negligence and inconsistencies in pleadings/evidence on quantum.
7 July 2022
Mkandawire v Attorney General (Civil Cause 605 of 2020) [2022] MWHCCiv 37 (7 July 2022)
Claimant awarded special damages for vehicle repair and hire based on unchallenged documentary and oral evidence.
  • Tort — Assessment of Damages — Special damages (repair and hire costs) — Requirement of strict proof and sufficiency of uncontroverted documentary evidence
7 July 2022