Kayamba v Combat Security Services (Civil Cause 2389 of 2000) [2002] MWHC 89 (20 March 2002)

Kayamba v Combat Security Services (Civil Cause 2389 of 2000) [2002] MWHC 89 (20 March 2002)

The plaintiff is entitled to damages for pain, suffering, loss of amenities, and loss of earning capacity due to injuries sustained from the defendant's negligence, assessed by reference to comparable awards and the purchasing power of the local currency.

Source-derived case information.

Citation
[2002] MWHC 89
Parties
Plaintiff: Gabesaleeaiaar; Defendant: Gombat Security Services
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
20 March 2002
Case Number
Civil Cause 2389 of 2000
Procedural Posture
Civil / Assessment of Damages After Default Judgment
Outcome
Damages awarded to plaintiff
Legal Topics
Negligence, Damages, Assessment of Damages, Loss of Earning Capacity
Source Language
english
Tort Law Personal Injury Negligence Damages Assessment of Damages Loss of Earning Capacity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gabesaleeaiaar

Plaintiff

Gombat Security Services

Defendant

Procedural Posture

Civil / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 Quantum of damages for personal injuries arising from a road traffic accident
  2. 2 Assessment of pain and suffering, loss of amenities, and loss of earning capacity

Ratio Decidendi

The plaintiff is entitled to damages for pain, suffering, loss of amenities, and loss of earning capacity due to injuries sustained from the defendant's negligence, assessed by reference to comparable awards and the purchasing power of the local currency.

Court Disposition

Damages awarded to plaintiff

Orders

  • Plaintiff awarded K80,000.00 for pain and suffering and loss of amenities of life
  • Plaintiff awarded K70,000.00 for loss of earning capacity