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Malawi Supreme Court of Appeal - 2002 November

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1 judgment
November 2002
Chikaoneka t/a Madalitso Clothing Factory v Indefund Ltd (MSCA Civil Appeal 22 of 2001) [2002] MWSC 7 (10 November 2002)
Appellant entitled to market-value damages for conversion; loss-of-profits claim rejected for lack of pleading and proof.
  • Conversion — measure of damages: market value at time of conversion; consequential loss
  • Loss of use — general damages, modest; cannot substitute for loss of profits without pleading and proof
  • Special damages — must be specifically pleaded and strictly proved
  • Procedural delay — inordinate delay between hearing and judgment criticised
10 November 2002