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Malawi Supreme Court of Appeal - 2001 August

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1 judgment

August 2001

Knight Frank v Blantyre Synod & Anor. (MSCA Civil Appeal 38 of 2000) [2001] MWSC 3 (22 August 2001)

Special damages require strict proof on the balance of probabilities; credible oral evidence may suffice; business-loss must be supported by contemporaneous evidence.

Damages — Special damages must be specifically pleaded and proved strictly (on balance of probabilities); absence of receipts not fatal if oral evidence credible; General damages — loss of business must be supported by contemporaneous evidence; Appeal — fresh evidence on appeal limited; operational cost projections admissible if supported and unchallenged

22 August 2001