Candlex Ltd v Katsonga (Civil Cause 680 of 2000) [2003] MWHC 1 (31 December 2003)

Candlex Ltd v Katsonga (Civil Cause 680 of 2000) [2003] MWHC 1 (31 December 2003)

The plaintiff is entitled to damages equivalent to the market rental value of the premises for the period of wrongful occupation, as established by unchallenged evidence.

Citation
[2003] MWHC 1
Parties
Plaintiff: Candlex Limited; Defendant: Mar Katsonga Phiri
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 December 2003
Case Number
Civil Cause 680 of 2000
Procedural Posture
Civil / Assessment of Damages
Outcome
Judgment for the plaintiff
Legal Topics
Wrongful Occupation, Damages Assessment, Market Rental Value
Source Language
English
Tort Property Law Wrongful Occupation Damages Assessment Market Rental Value

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Candlex Limited

Plaintiff

Mar Katsonga Phiri

Defendant

Procedural Posture

Civil / Assessment of Damages

Legal Issues

  1. 1 What is the appropriate measure of damages for wrongful occupation of premises?
  2. 2 What is the quantum of damages due to the plaintiff for the period of wrongful occupation?

Ratio Decidendi

The plaintiff is entitled to damages equivalent to the market rental value of the premises for the period of wrongful occupation, as established by unchallenged evidence.

Court Disposition

Judgment for the plaintiff

Orders

  • The plaintiff is awarded K509,600.00 as damages for wrongful possession.
  • Costs of the assessment are awarded to the plaintiff.