IN THE HIGH COURT OF MALAWI
CIVIL CAUSE NO.
CORAM: MRS. I.
KAMANGA, DEPUTY REGISTRAR
Masiku, Counsel for the plaintiff
R U L I N G
This matter comes for assessment of damages
following default judgment that was entered against the defendant on
the 24th day of July 2001.
The defendant was served with Notice of
Assessment of Damages. The defendant neither presented himself nor
gave any reason for
non-attendance. The court thereby proceeded with
hearing in the absence of the defendant.
Only one witness, the plaintiff, testified. He
told the court that the defendants motor vehicle hit him on 22nd
January 2001 as he was traveling from Manase on a bicycle. As a
result of this accident, he sustained injuries on the knee, feet
waist. He tendered a medical report which indicated that he
plaintiff sustained a deep cut on the right knee, had multiple
bruises and a painful strained limp. The plaintiff received medical
treatment. His wound was cleaned sutured and thereafter dressed.
has not suffered any permanent incapacity except for the residual
The plaintiff mainly suffered from soft tissues,
which have not incapacitated him in any way. He will still be able
to carry on
his day-to-day activities and he is fit for manual work.
I find that K15,000-00 (fifteen thousand Kwacha) adequately
him for pain and suffering.
The plaintiff also claims damages for his
bicycle. He claims that this bicycle was written off after the
accident. He claims
that he bought it at K3,000-00 but the current
price for the bicycle is k4,000-00. I award the plaintiff K3,000-00
for the bicycle.
The plaintiff also claims compensation for a
crate and twenty empty bottles that were on the bicycle at the time
of the accident.
The plaintiff did not adduce any evidence on the
value of the same and the claim for the empty bottles and crate
In total I award the plaintiff a sum of
K18,000-00 (eighteen thousand kwacha) for pain and suffering and loss
of bicycle. I also
award the plaintiff costs for this action.
MADE in Chambers this 17th day
of September 2001.
Mrs. I. Kamanga