Mainja v Manobec Ltd (Civil Cause 439 of 2008) [2018] MWHC 789 (3 July 2018)
The claimant suffered soft tissue injury with a 3% permanent incapacity, resulting in pain and some difficulty walking, but no long-term deprivation. K420,000.00 is adequate for pain and suffering and K135,000.00 for loss of amenities of life, totaling K555,000.00 in damages.
- Citation
- [2018] MWHC 789
- Parties
- Claimant: Sinoya Mainja; Defendant: Manobec Limited
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Judgment Date
- 3 July 2018
- Case Number
- Civil Cause 439 of 2008
- Procedural Posture
- Civil / Assessment of Damages After Judgment on Liability
- Outcome
- damages awarded to claimant
- Legal Topics
- Damages, Pain and Suffering, Loss of Amenities of Life, Assessment of Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sinoya Mainja
Claimant
Manobec Limited
Defendant
Procedural Posture
Civil / Assessment of Damages After Judgment on Liability
Legal Issues
- 1 What is the appropriate quantum of damages for pain, suffering, and loss of amenities of life due to soft tissue injury?
Ratio Decidendi
The claimant suffered soft tissue injury with a 3% permanent incapacity, resulting in pain and some difficulty walking, but no long-term deprivation. K420,000.00 is adequate for pain and suffering and K135,000.00 for loss of amenities of life, totaling K555,000.00 in damages.
Court Disposition
damages awarded to claimant
Orders
- Defendant to pay claimant K555,000.00 as damages for pain, suffering, and loss of amenities of life.
- Defendant to pay claimant's costs for the assessment hearing at K50,000.00.
Full Case Text
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