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Malawi Case Law

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Tort [2021] MWHC 225

Mtalimanja v Polypack Limited (Personal Injury Cause 157 of 2020)

Mtalimanja v Polypack Limited (Personal Injury Cause 157 of 2020) [2021] MWHC 225 (23 December 2021)

High Court of Malawi held the employer liable for negligence and breach of statutory duty after a worker was injured operating a machine with a broken glass door.

  • Negligence
  • Employer's duty of care
  • Breach of statutory duty
  • Workplace safety
  • Employer-duty-of-care
  • Breach-of-statutory-duty
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Tort [2021] MWHC 264

John v Baba G. Construction Limited

John v Baba G. Construction Limited (Civil Case 760 of 2021) [2021] MWHC 264 (20 December 2021)

The High Court of Malawi assessed damages after a workplace hand injury, awarding MK4,500,000 for pain, suffering, loss of amenities, and disfigurement.

  • Personal injury
  • Negligence
  • Damages
  • Loss of earning capacity
  • Disfigurement
  • Personal-injury
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Tort [2021] MWHC 241

Shawa v Local Government Service Commission

Shawa v Local Government Service Commission (Civil Cause 309 of 2021) [2021] MWHC 241 (23 August 2021)

High Court of Malawi assessed damages after default judgment, awarding false imprisonment damages, withheld wages, interest, and costs to the claimant.

  • False imprisonment
  • Withheld wages
  • Assessment of damages
  • False-imprisonment
  • Damages-assessment
  • Employment-law
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Tort [2019] MWHC 92

Chilipsya v AG

Chilipsya v AG (Civil Cause 49 of 2017) [2019] MWHC 92 (20 June 2019)

The High Court of Malawi partly allowed a negligence claim over burnt property during police transport, awarding only 20% liability and rejecting special damages.

  • Negligence
  • Contributory negligence
  • Duty of care
  • Damages
  • Res ipsa loquitor
  • Contributory-negligence
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Tort [2018] MWHC 994

Navaya v Great Lakes Cotton Company Limited (Personal Injury Case 182 of 2013)

Navaya v Great Lakes Cotton Company Limited (Personal Injury Case 182 of 2013) [2018] MWHC 994 (4 October 2018)

The High Court dismissed claims for false imprisonment, malicious prosecution and defamation, and sent the labour claims to the Industrial Relations Court.

  • False imprisonment
  • Malicious prosecution
  • Defamation
  • Unfair dismissal
  • Withheld wages
  • False-imprisonment
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Tort [2018] MWHC 1049

Jailosi v Lujeri Tea Estate Limited (Personal Injury Case 639 of 2016)

Jailosi v Lujeri Tea Estate Limited (Personal Injury Case 639 of 2016) [2018] MWHC 1049 (18 May 2018)

The High Court of Malawi dismissed a tea pruner’s negligence claim after finding he failed to prove that gloves would have prevented or reduced his knife injury.

  • Negligence
  • Duty of care
  • Workplace safety
  • Duty-of-care
  • Workplace-safety
  • Personal-injury
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Tort [2018] MWHCCiv 23

Mateyu v Terrastone Construction Ltd (Personal Injury Cause 804 of 2016)

Mateyu v Terrastone Construction Ltd (Personal Injury Cause 804 of 2016) [2018] MWHCCiv 23 (19 February 2018)

The High Court of Malawi dismissed a personal injury negligence claim after finding the claimant failed to prove he was authorized to operate the dumper.

  • Negligence
  • Duty of care
  • Workplace safety
  • Duty-of-care
  • Personal-injury
  • Workplace-safety
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Tort [2017] MWHC 118

Soko v Opportunity International Bank of Malawi

Soko v Opportunity International Bank of Malawi (Criminal Case 622 of 2012) [2017] MWHC 118 (29 May 2017)

The defendant, through its employee, made charges against the plaintiff which the police acted upon without independent investigation, resulting in false imprisonment and malicious prosecution. The claim for defamation was not made out due to lack of specific defamatory words or conduct.

  • False imprisonment
  • Malicious prosecution
  • Defamation
  • Damages
  • Costs
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Tort [2008] MWHC 165

Njirazafa & Anor. v Attorney General

Njirazafa & Anor. v Attorney General (Civil Cause 136 of 2007) [2008] MWHC 165 (24 August 2008)

The High Court awarded each plaintiff K150,000 for short periods of false imprisonment after arrest and detention beyond the constitutional limit.

  • False imprisonment
  • Loss of employment
  • Damages assessment
  • False-imprisonment
  • Damages-assessment
  • Malawi-tort-law
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Contract [1995] MWHCCiv 1

Masiku v ADMARC & The Attorney General

Masiku v ADMARC & The Attorney General (Civil Cause 714 of 1993) [1995] MWHCCiv 1 (5 December 1995)

Plaintiff's claims are not statute barred due to continuous deprivation of liberty by defendants; money paid under duress must be repaid; pension benefits must be recalculated; plaintiff is liable for hospital bill; plaintiff is entitled to exemplary damages for false imprisonment.

  • Limitation of actions
  • False imprisonment
  • Breach of contract
  • Pension benefits
  • Duress
  • Exemplary damages
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About this LexChat collection

Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.