Malunga v Attorney General (Civil Cause 85 of 2018) [2018] MWHC 1336 (23 July 2018)

Malunga v Attorney General (Civil Cause 85 of 2018) [2018] MWHC 1336 (23 July 2018)

The claimant was deprived of his constitutional rights to a trial within a reasonable time and to appeal, as the High Court failed to deliver judgment on his appeal for four years, resulting in him serving his full sentence. Compensation is warranted to vindicate these rights and deter future violations. A sum of K5,000,000.00 is reasonable in the circumstances.

Citation
[2018] MWHC 1336
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
judgment for claimant
Legal Topics
Violation of Right to Trial Within Reasonable Time, Violation of Right to Appeal, Constitutional Damages, Compensation for Breach of Rights
Source Language
English
Constitutional Law Civil Procedure Violation of Right to Trial Within Reasonable Time Violation of Right to Appeal Constitutional Damages Compensation for Breach 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 to appeal
  2. 2 What is the appropriate quantum of damages for the violation of constitutional rights

Ratio Decidendi

The claimant was deprived of his constitutional rights to a trial within a reasonable time and to appeal, as the High Court failed to deliver judgment on his appeal for four years, resulting in him serving his full sentence. Compensation is warranted to vindicate these rights and deter future violations. A sum of K5,000,000.00 is reasonable in the circumstances.

Court Disposition

judgment for claimant

Orders

  • The claimant is awarded 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.