Malunga v AG (Civil Cause 85 of 2018) [2018] MWHC 772 (23 July 2018)

Malunga v AG (Civil Cause 85 of 2018) [2018] MWHC 772 (23 July 2018)

The claimant's constitutional rights to a trial within a reasonable time and to appeal were violated by the High Court's failure to deliver judgment for four years. Compensation is warranted to vindicate these rights and deter future violations. A global sum of K5,000,000.00 is reasonable in the circumstances.

Citation
[2018] MWHC 772
Parties
Claimant: Nicholus Treva Malunga; Defendant: Attorney General
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
23 July 2018
Case Number
Civil Cause 85 of 2018
Procedural Posture
Civil / Assessment of Damages After Default Judgment on Liability
Outcome
damages awarded to claimant
Legal Topics
Right to Trial Within Reasonable Time, Right of Appeal, Constitutional Damages, Compensation for Violation of Rights
Source Language
English
Constitutional Law Civil Procedure Right to Trial Within Reasonable Time Right of Appeal Constitutional Damages Compensation for Violation of Rights

Case Brief

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Parties

Nicholus Treva Malunga

Claimant

Attorney General

Defendant

Procedural Posture

Civil / Assessment of Damages After Default Judgment on Liability

Legal Issues

  1. 1 Whether the claimant is entitled to constitutional damages for violation of the right to a trial within a reasonable time and right of appeal
  2. 2 What is the appropriate quantum of damages for the violation of constitutional rights

Ratio Decidendi

The claimant's constitutional rights to a trial within a reasonable time and to appeal were violated by the High Court's failure to deliver judgment for four years. Compensation is warranted to vindicate these rights and deter future violations. A global sum of K5,000,000.00 is reasonable in the circumstances.

Court Disposition

damages awarded to claimant

Orders

  • The defendant shall pay the claimant K5,000,000.00 as compensation for violation of constitutional rights.
  • The claimant is awarded costs of the action, to be taxed if not agreed.