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Citation
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Judgment date
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| May 1997 |
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Damages for trespass awarded as increased completion cost (K115,806) and K10,000 aggravated damages; no rental loss or interest on undisbursed loan.
Trespass to land – measure of damages for destruction of partially-built house – replacement/completion cost vs value at time of trespass – avoidance of double recovery; interest on undisbursed loan advances; aggravated damages for wrongful demolition by public authority.
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22 May 1997 |
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Claim for unpaid transport services allowed; debts awarded with interest at ordinary savings rate from action commencement and costs.
Contract and debt recovery – proof of agreement and invoices; Interest on overdue commercial debts – discretionary award and appropriate rate (ordinary savings deposit rate); Foreign currency invoices – conversion into Malawi Kwacha on payment; Civil procedure – substituted service and proceeding in defendant's absence.
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19 May 1997 |
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Whether exemplary and compensatory damages are awardable for false imprisonment by a political party and how to quantify them.
False imprisonment; exemplary (punitive) damages; Rookes v Barnard categories; liquidated vs unliquidated claims; assessment and quantum of damages; political party liability.
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8 May 1997 |
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Theft conviction set aside where prosecution failed to prove fraudulent/dishonest intent and absence of claim of right.
Criminal law – Theft – Elements: fraud/dishonesty and absence of claim of right; application of R v Ghost two-stage dishonesty test; honest (even unreasonable) belief of right negates theft; conviction unsafe if mental element not proved.
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7 May 1997 |
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Newspaper publication lowered the plaintiffs’ reputations; each awarded K15,000 where no privilege and defendant defaulted.
Defamation – newspaper publication – reputational harm – assessment of general damages (circulation, ability to clear character, defendant’s conduct) – confidentiality of source not a privilege to excuse defamatory publication.
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6 May 1997 |
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Court awarded differing general damages for two injured child passengers but declined future loss of earnings without supporting evidence.
Damages — Quantum of general damages for pain, suffering, loss of amenities and disfigurement — Assessment based on medical reports and visibility/severity of scars; Future loss of earnings — requirement of evidence of impairment to earning capacity; liability admitted.
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6 May 1997 |