Chimenya v AG (Civil Cause 207 of 1994) [1995] MWHCCiv 14 (13 June 1995)
Plaintiff is entitled to damages for lost earnings during the period of unemployment but not for speculative future earnings.
Source-derived case information.
- Citation
- [1995] MWHCCiv 14
- Parties
- Plaintiff: I. Chimemya; Defendant: Attorney General
- Court
- High Court of Malawi Civil Division
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 207 of 1994
- Procedural Posture
- Civil / Damages Assessment
- Outcome
- damages awarded
- Legal Topics
- Unlawful Dismissal, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
I. Chimemya
Plaintiff
Attorney General
Defendant
Procedural Posture
Civil / Damages Assessment
Legal Issues
- 1 assessment of damages for unlawful and wrongful dismissal
- 2 entitlement to future earnings
Ratio Decidendi
Plaintiff is entitled to damages for lost earnings during the period of unemployment but not for speculative future earnings.
Court Disposition
damages awarded
Orders
- Plaintiff awarded K12,020 and costs of proceedings.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NUMBER 207 OF 1994 BElWEEN: I. CHIMENYA .... ...... ... .......... PLAINTIFF and ATTORNEY GENERAL .......... .. ...... DEFENDANT CORAM: R. R. MZIKAMANDA, SENIOR DEPUTY REGISTRAR RULING The plaintiff obtained a default judgment against the defendant on for an action for the claim for damages for unlawful and wrongful dismissal and for costs of the action. This is to assess the damages. The plaintiff has lost her earnings of 1<234.00 a month for the period of 30 months from December 1992 to May 1995. This amounts to K?,020.00. The plaintiff is likely to loose some earnings in future if she does not get employment. She has tried in the past to get employment but she has failed . It is not clear how long she will be without employment. She is still youthful in appearance but her age has not been given. She is, I think in a position to engage in some gainful employment. Therefore to consider loss of future earning is in my view I make no award for loss of future to engage in a wild speculation. earnings. I award her KS,000 as general damages for wrongful dismissal. 2/ ..... In total I award her K12,020 and costs of these proceedings. MADE IN CHAMBERS this 13th day of June, 1995 at Blantyre. ;f'~ · R. R. Mzikamanda s'ENIOR DEPUTY REGISTRAR