Malawi Supreme Court of Appeal - 2000 August

2 judgments

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2 judgments
Citation
Judgment date
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
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