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Malawi Supreme Court of Appeal - 2000 August

2 judgments
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2 judgments
August 2000
Press Farming Ltd v Issat & Ors. (MSCA Civil Appeal 1 of 1997) [2000] MWSC 4 (24 August 2000)
Appeal allowed: respondents failed to prove false imprisonment or slander; aggravated damages require specific pleading.
  • Tort — False imprisonment: liability where defendant or agent makes a charge procuring police arrest; distinction between laying information and making a charge; burden of proof on claimant
  • Defamation — necessity of proving the words as pleaded
  • Damages — special and aggravated damages must be specifically pleaded with particulars
24 August 2000
R v Chimwala (MSCA Criminal Appeal 5 of 2000) [2000] MWSC 3 (14 August 2000)
Insufficient Turnbull warning was outweighed by fingerprint and caution-statement corroboration, so conviction was upheld.
  • Criminal law — Visual identification — Dock identification — Turnbull warning required; Fingerprint evidence as corroboration; Caution statement; Safety of verdict; Missing exhibits explained
14 August 2000