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Malawi Supreme Court of Appeal - 2021 October

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1 judgment
October 2021
National Bank of Malawi PLC v Osman (MSCA Civil Appeal 59 of 2019) [2021] MWSC 18 (28 October 2021)
Appeal allowed in part: special damages must be pleaded and proving; new‑vehicle price is improper benchmark for second‑hand sale.
  • Civil procedure — leave to appeal — timing and curable irregularity; Pleadings — general v special damages — necessity to plead and prove special damages; Measure of damages — appropriate benchmark for second‑hand goods; Over‑compensation and assessment of quantum.
28 October 2021