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Malawi Case Law

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Insurance law [2023] MWHC 97

Limbarda t/a Moon Puffs v Libertas General Insurance Company Limited

Limbarda t/a Moon Puffs v Libertas General Insurance Company Limited (Commercial Cause 226 of 2020) [2023] MWHC 97 (8 December 2023)

The High Court of Malawi entered summary judgment for the claimant in an insurance dispute, holding that the defendant’s fraud defence lacked the particularity required by law.

  • Insurance claims
  • Summary judgment
  • Fraud pleading requirements
  • Summary-judgment
  • Insurance-claims
  • Fraud-pleading
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Civil procedure [2023] MWSC 17

General Alliance Insurance Company Limited v Jumbe and Kanthalo

General Alliance Insurance Company Limited v Jumbe and Kanthalo (Civil Appeal 24 of 2023) [2023] MWSC 17 (8 June 2023)

The Supreme Court of Appeal lacks jurisdiction to entertain an application for leave to appeal out of time against an interlocutory order made by an Assistant Registrar; such appeals must first be made to a Judge in chambers.

  • Jurisdiction
  • Appeals
  • Registrar's powers
  • Assessment of costs
  • Interlocutory applications
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Insurance law [2023] MWHCCiv 33

Kakunda v Kachali and Another

Kakunda v Kachali and Another (Civil Cause 405 of 2021) [2023] MWHCCiv 33 (2 May 2023)

The High Court of Malawi referred this insurance dispute for trial on whether the insurer is liable after the insured allegedly sold the vehicle before the accident.

  • Motor vehicle accident
  • Liability of insurer
  • Admissibility of insurance policy
  • Insurance-law
  • Tort-law
  • Motor-vehicle-accident
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Tort law [2023] MWHC 132

Gobede and Another v John and Another

Gobede and Another v John and Another (Civil Cause 816 of 2020) [2023] MWHC 132 (20 February 2023)

High Court of Malawi assessed damages after a fatal road accident, awarding MK5,000,000.00 and costs to the claimant on agreed liability limits.

  • Damages
  • Loss of dependency
  • Loss of expectation of life
  • Motor vehicle accident
  • Loss-of-dependency
  • Loss-of-expectation-of-life
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Tort [2023] MWHC 67

Msinja & 4 Others v Reunion Insurance Company Limited (Personal Injury Case 4 of 2012)

Msinja & 4 Others v Reunion Insurance Company Limited (Personal Injury Case 4 of 2012) [2023] MWHC 67 (13 January 2023)

The High Court held the defendant insurer liable after finding that the insured driver obstructed the road and caused the collision injuring the claimants.

  • Negligence
  • Duty of care
  • Motor vehicle accident
  • Liability of insurer
  • Duty-of-care
  • Motor-vehicle-accident
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Tort [2023] MWHC 111

Msinja and 4 Others v Reunion Insurance Company (Personal Injury Case 4 of 2012)

Msinja and 4 Others v Reunion Insurance Company (Personal Injury Case 4 of 2012) [2023] MWHC 111 (13 January 2023)

The High Court of Malawi found the insurer liable for a road accident caused by its insured driver blocking the road. Damages were left for later assessment.

  • Negligence
  • Duty of care
  • Motor vehicle accidents
  • Vicarious liability
  • Duty-of-care
  • Motor-vehicle-accident
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Tort law [2023] MWHCCiv 4

Msinja and 4 Others v Reunion Insurance Company Limited (Personal Injury 4 of 2012)

Msinja and 4 Others v Reunion Insurance Company Limited (Personal Injury 4 of 2012) [2023] MWHCCiv 4 (13 January 2023)

The High Court of Malawi held the defendant insurer liable after finding the insured driver obstructed the road and caused the collision. Damages were left for assessment.

  • Negligence
  • Duty of care
  • Motor vehicle accident
  • Vicarious liability
  • Duty-of-care
  • Motor-vehicle-accident
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Tort law [2023] MWHCCiv 1

Kopolande (Suing on behalf of the beneficiaries of the estate of Milliam Kopolande) & Anor. v Nandolo & Ors. (Personal Injury Case 1066 of 2021)

Kopolande (Suing on behalf of the beneficiaries of the estate of Milliam Kopolande) & Anor. v Nandolo & Ors. (Personal Injury Case 1066 of 2021) [2023] MWHCCiv 1 (5 January 2023)

The court awarded damages for loss of expectation of life, loss of dependency, and pain and suffering based on established precedents, life expectancy projections, and minimum wage calculations, finding the claimants entitled to K22,000,000.00 in total compensation. Special damages were denied for lack of proof. Costs were awarded to the claimants.

  • Personal injury
  • Negligence
  • Damages
  • Loss of expectation of life
  • Loss of dependency
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Tort law [2023] MWHCCiv 12

Kopolande (on behalf of the beneficiaries of the Estate of Milliam Kopolande) & Kopolande ( suing through her litigation guardian Mr. E Kopolande) v Nandolo & 2 others (Personal Injury Case 1066 of 2021)

Kopolande (on behalf of the beneficiaries of the Estate of Milliam Kopolande) & Kopolande ( suing through her litigation guardian Mr. E Kopolande) v Nandolo & 2 others (Personal Injury Case 1066 of 2021) [2023] MWHCCiv 12 (5 January 2023)

High Court of Malawi damages judgment awarding compensation for a child’s death in a road accident and injuries to her sister, with costs to the claimants.

  • Personal injury
  • Wrongful death
  • Loss of dependency
  • Damages assessment
  • Personal-injury
  • Wrongful-death
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Insurance law [2022] MWHC 167

Ajibu & Anor. (Suing on behalf of the estate of Ajibukafodya, deceased) v William & Anor. (Personal Injury Case 972 of 2019)

Ajibu & Anor. (Suing on behalf of the estate of Ajibukafodya, deceased) v William & Anor. (Personal Injury Case 972 of 2019) [2022] MWHC 167 (16 September 2022)

The High Court held that the claim against the insurer was time-barred under section 148 of the Road Traffic Act because joinder occurred after the two-year limit.

  • Limitation of actions
  • Capacity to sue
  • Joinder of parties
  • Costs
  • Limitation-of-actions
  • Insurance-law
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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.