Viola v Caps Ltd (Civil Cause 1645 of 1996) [2004] MWHC 38 (31 May 2004)

Viola v Caps Ltd (Civil Cause 1645 of 1996) [2004] MWHC 38 (31 May 2004)

The plaintiff is entitled to damages for loss of profits for the period he was deprived of the use of his motor vehicle, calculated based on his net monthly profit over 60 months, without interest to avoid double compensation.

Citation
[2004] MWHC 38
Parties
Plaintiff: M Viola; Defendant: CAPS Ltd
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 May 2004
Case Number
Civil Cause 1645 of 1996
Procedural Posture
Civil / Assessment of Damages
Outcome
Damages awarded to plaintiff
Legal Topics
Damages, Loss of Profits, Motor Vehicle Accident
Source Language
English
Tort Contract Damages Loss of Profits Motor Vehicle Accident

Case Brief

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Parties

M Viola

Plaintiff

CAPS Ltd

Defendant

Procedural Posture

Civil / Assessment of Damages

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for loss of profits due to deprivation of use of his motor vehicle

Ratio Decidendi

The plaintiff is entitled to damages for loss of profits for the period he was deprived of the use of his motor vehicle, calculated based on his net monthly profit over 60 months, without interest to avoid double compensation.

Court Disposition

Damages awarded to plaintiff

Orders

  • Plaintiff awarded K4,543,912.00 as damages for loss of profits
  • Costs of the action awarded to the plaintiff