Jacques Mariette v Toyota Malawi Limited (Civil Cause 636 of 2010) [2019] MWHC 84 (23 May 2019)

Jacques Mariette v Toyota Malawi Limited (Civil Cause 636 of 2010) [2019] MWHC 84 (23 May 2019)

The claimant is entitled to damages for conversion based on the market value of a non-running Toyota Runx 2002 model, and nominal damages for loss of use due to lack of specific evidence, as the defendant wrongfully handed over the vehicle and failed to retrieve it, and the claimant acted reasonably to mitigate loss.

Source-derived case information.

Citation
[2019] MWHC 84
Parties
Claimant: Jacques Mariette; Defendant: Toyota Malawi Limited
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
23 May 2019
Case Number
Civil Cause 636 of 2010
Procedural Posture
Civil / Assessment of Damages
Outcome
judgment for claimant
Legal Topics
Conversion, Damages, Loss of Use, Mitigation of Damages
Source Language
english
Tort Contract Conversion Damages Loss of Use Mitigation of Damages

Source-derived case record

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Parties

Jacques Mariette

Claimant

Toyota Malawi Limited

Defendant

Procedural Posture

Civil / Assessment of Damages

Legal Issues

  1. 1 Measure of damages for conversion of a motor vehicle
  2. 2 Entitlement to damages for loss of use of a motor vehicle
  3. 3 Duty to mitigate damages

Ratio Decidendi

The claimant is entitled to damages for conversion based on the market value of a non-running Toyota Runx 2002 model, and nominal damages for loss of use due to lack of specific evidence, as the defendant wrongfully handed over the vehicle and failed to retrieve it, and the claimant acted reasonably to mitigate loss.

Court Disposition

judgment for claimant

Orders

  • Claimant awarded K3,000,000.00 as damages for conversion.
  • Claimant awarded K600,000.00 as damages for loss of use of motor vehicle.