Chikuse v Malopa (Personal Injury 2 of 2016) [2018] MWHC 7 (27 February 2018)

Chikuse v Malopa (Personal Injury 2 of 2016) [2018] MWHC 7 (27 February 2018)

Plaintiff proved on balance of probability that he incurred repair costs and loss of use due to defendant's breach; receipts and oral evidence were sufficient for award of special damages.

Citation
[2018] MWHC 7
Parties
Plaintiff: Aaron Chikuse; Defendant: Bright Malopa
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
27 February 2018
Case Number
Personal Injury 2 of 2016
Procedural Posture
Personal Injury Cause / Assessment of Damages After Judgment on Admission
Outcome
Plaintiff awarded damages for cost of repairs, loss of use, and costs of action.
Legal Topics
Damages, Assessment of Damages, Breach of Contract, Loss of Use, Special Damages
Source Language
English
Tort Contract Damages Assessment of Damages Breach of Contract Loss of Use Special Damages

Case Brief

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Parties

Aaron Chikuse

Plaintiff

Bright Malopa

Defendant

Procedural Posture

Personal Injury Cause / Assessment of Damages After Judgment on Admission

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for cost of repairs and loss of use of motor vehicle
  2. 2 Whether special damages were pleaded and proved strictly

Ratio Decidendi

Plaintiff proved on balance of probability that he incurred repair costs and loss of use due to defendant's breach; receipts and oral evidence were sufficient for award of special damages.

Court Disposition

Plaintiff awarded damages for cost of repairs, loss of use, and costs of action.

Orders

  • Plaintiff awarded K2,010,500.00 for cost of repairs
  • Plaintiff awarded K595,000.00 for loss of use