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All courts - 1996 August

3 judgments
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3 judgments
August 1996
Ng'oma v People's Trading Centre Ltd (Civil Cause 956 of 1994) [1996] MWHCCiv 20 (27 August 1996)
An unverified creditor letter to an employer was defamatory; qualified privilege failed due to lack of corresponding interest and malice.
  • Defamation — publication to employer; vicarious liability for agent's publication; qualified privilege — absence of corresponding interest; malice defeats privilege; apology as mitigation; compensatory damages awarded.
27 August 1996
O. E. Phiri v AG (Civil Cause 162 of 1994) [1996] MWHCCiv 24 (16 August 1996)
The plaintiff shot and beaten by police was awarded K60,000 for pain, suffering and loss of amenities.
  • Assessment of damages — police shooting and beating — pain and suffering; loss of amenities; default judgment; comparative awards to fix quantum.
16 August 1996
Kalima v AG (Civil Cause 718 of 1994) [1996] MWHCCiv 18 (15 August 1996)
Plaintiff succeeded on a claim of false imprisonment and degrading treatment; a related-file settlement did not bar relief.
  • False imprisonment — unlawful post-release detention — degrading treatment and intrusive searches — detainee access to International Committee of the Red Cross — related-file settlement not dispositive.
15 August 1996