Kabutsa v Banda (Civil Cause 809 of 1994) [1995] MWHCCiv 16 (22 November 1995)
The plaintiff is entitled to damages for loss of earning capacity and pain, suffering, and loss of amenities due to the injuries sustained, assessed at K7,000.00 based on precedent and the nature of injuries.
Source-derived case information.
- Citation
- [1995] MWHCCiv 16
- Parties
- Plaintiff: Joseph Kabutsa; Defendant: Elias Banda
- Court
- High Court of Malawi Civil Division
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 809 of 1994
- Procedural Posture
- Civil / Assessment of Damages
- Outcome
- damages awarded to plaintiff
- Legal Topics
- Personal Injury, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kabutsa
Plaintiff
Elias Banda
Defendant
Procedural Posture
Civil / Assessment of Damages
Legal Issues
- 1 quantification of damages for personal injuries
Ratio Decidendi
The plaintiff is entitled to damages for loss of earning capacity and pain, suffering, and loss of amenities due to the injuries sustained, assessed at K7,000.00 based on precedent and the nature of injuries.
Court Disposition
damages awarded to plaintiff
Orders
- Plaintiff awarded damages of K7,000.00 with costs.
Full Case Text
Judgment text and source record
1 paragraphs
.. ·-·-- -- .- - ---- - - ·- JN THE HIGH CDURr OF l1ALAWI PRINCIPAL Rffi-ISIRY CIVJL CAUSE N1Il1BER 809 OF 1994 BETWEEN: JOSEPH KABUTSA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLAINITFF and ELIAS BANDA DEFENDANT CORA11: E. 8. TWEA, REGISTRAR liwafulirwa, Counsel for the Pl aintiff Def end.ant/Counsel absent RULJNG ,. _.--;;MALA~, "· ,.00R . · ·G'<' .::.-----~ .. · . ., ... I?'~"'"·,, ,996 ) ~ -------~ - .. ~ .... / / This matter came up for assessment of daIJBges. The plaintiff called one witness, the plaD1tiff himself, to testify on the inJuries. It was the plaintiff's evidence that due to the accident he sustained injuries to the upper arm which was broken, had a deep cut wound on his scalp, a cut on his temple and nose, and a deep cut on the cuff of his left leg. He showEtl this Court the scars from these wounds. He told this Court that he was admitted in t he hospital for five weeks. Further, it was his evidence that he is unable to use his right arm fully as it is still painfull and so is the scar on the scalp. He informed the Court that he avoids to touch the scar thereon which is still painful. I note tbat the plaintiff is a very young person and the loss of full use of his right hand for a person who bas no f ornE.l education will be a big handcap j_n his adult life. I also note that both the arm and scalp are still painful. GrantEtl there was no mEtlical report as to the healing of the tissues, but pain on 2/ ..... ... ................... , ... ..,........ i j -- ◄---- \, ~ . : .. . ·, r i '· :,f)1- . • , - ... ) its ovm entails trot the hffi1ir8 was not complete . -- 2 - When aYB rd inJ danBges for personal injuries the Court is aware that perfe ct compensation cannot be achievai. The duty of the I have court is to co:mprns3.te the victim in so far as money can. considerai the lramai R9":Jistiar 1 s Order in RJYCE HWA. SOCTA VS. SI~HJ)KJf (J1W) L1D., GlVIl-1 CAUSE ID. 334 OF t99'6 (Princi1ul Re:Jistry) arrl I tbirik using trnt case the plaintiff would be rrnsonably com.pensatai for J.oss of rnnling car:acity at KJ., 000 and K4,000 for FBin, sufferir:g arrl loss of amenit ies. In a 11 I award darmges in the sUJn of K7 , 000. 00 'i\71_ th costs. Pronouncal in Chambers Blantyre . tqisl22n::1 day of November- 1995 ., at