Damages – MalawiLII

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9 documents

Title	Date
African Minerals and Energy Holdings Limited v Tiyuni Holdings Limited (Commercial Division Case 42 of 2025) [2025] MWHC 27 (21 November 2025) Whether the applicant is entitled to continue an interlocutory injunction despite a one-day late filing and alleged non-disclosure and stamping issues. Interlocutory injunctions – Order 10 Rule 27 (CPR 2017) – American Cyanamid principles – serious question to be tried; adequacy of damages; preservation of status quo – CPR Order 2 cure of irregularity – duty of full and frank disclosure for ex parte relief – equity and unclean hands – effect of unstamped agreements where party treats contract as operative.	Judgment	21 November 2025
AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025) A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination. Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.	Judgment	28 October 2025
Mintrozo v Malawi Revenue Authority & The Attorney General (Personal Injury Cause 298 of 2018) [2025] MWHCCiv 8 (19 June 2025) An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable. Police law – use of firearms – duty to give warning, proportionality, and duty to render medical assistance; vicarious liability of police service; revenue authority not vicariously liable; admissibility and limited weight of hearsay in postmortem remarks.	Judgment	19 June 2025
Chigaru v Meja & The Attorney General (Ministry of Health/Queen Elizabeth Central Hospital) (Personal Injury Cause 278 of 2021) [2025] MWHC 10 (16 March 2025) Court awards K70,000,000 to the applicant for negligent medical treatment causing genital mutilation, including exemplary damages. :[	Judgment	16 March 2025
Kadzakumanja v Kadzakumanja & Chasweka (Being High Court, Lilongwe Registry, Family & Probate Division, Probate Cause No. 623 of 2020) [2025] MWHCFam 1 (22 January 2025) Leave to appeal and a stay were dismissed as premature and procedurally incompetent because the High Court judgment remained inchoate. Civil procedure – inchoate judgment – premature leave to appeal – inchoate judgments not appealable; stay of execution – must first apply to High Court where concurrent jurisdiction exists; SCA jurisdiction invoked after refusal by High Court; procedural competency of applications.	Judgment	22 January 2025
Machinjiri v Ibrahim & Prime Insurance Co Limited (Civil Cause 786 of 2001) [2002] MWHC 87 (7 November 2002) Plaintiff in road-traffic accident awarded K160,000 for pain, suffering and loss of amenities; costs awarded. Road traffic accident — assessment of damages — medical evidence of bodily injury — pain and suffering and loss of amenities — compensatory principle — award of K160,000 and costs.	Judgment	7 November 2002
Kayamba v Combat Security Services (Civil Cause 2389 of 2000) [2002] MWHC 89 (20 March 2002) Plaintiff awarded K150,000 for pain, loss of amenities and reduced earning capacity after a road traffic injury. Personal injury – Road traffic accident – Assessment of damages – Pain and suffering and loss of amenities – Loss of earning capacity – Liability established by default judgment – Awards guided by comparable cases and local purchasing power.	Judgment	20 March 2002
Mtonga v Shire Bus Lines Limited (Civil Cause 2096 of 2000) [2002] MWHC 88 (18 February 2002) Assessment of damages after bus-accident: proved special damages awarded; loss of earning capacity and general damages granted, total K846,466. Tort — Road accident — Assessment of damages — Proof and particularisation of special damages; distinction between loss of earnings (special) and loss of earning capacity (general); recoverability of cash carried abroad despite Exchange Control regulation; quantum for artificial limb, medical expenses, pain and loss of amenities.	Judgment	18 February 2002
Tembo v City of Blantyre & National Insurance Company LTD (Civil Cause 1355 of 1994) [1996] MWHC 20 (13 February 1996) Assessment of personal injury damages, hearsay inadmissibility of medical reports, rejection of vehicle claim due to discharge. Damages for personal injury – distinction between pecuniary and non-pecuniary losses – assessment by comparison and adjustment for local economic conditions; admissibility of medical reports – hearsay unless doctor called; proof required for special damages; discharge as bar to vehicle claim; interest and exemplary damages not recoverable.	Judgment	13 February 1996