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Malawi decisions
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John and Another v Attorney General (Personal Injury Cause 228 of 2022) [2023] MWHCCiv 25 (4 July 2023)
The High Court of Malawi assessed damages after default judgment, awarding compensation for loss of expectation of life, loss of dependency, special damages, and costs.
Short v Electricity Supply Corporation of Malawi (Personal Injury Cause 1264 of 2021) [2023] MWHC 81 (22 May 2023)
The court declined to strike out the claim because the defendant was well known despite the misnaming, and after judgment, the claim merges with the judgment, leaving the defendant to apply to set aside the default judgment if necessary.
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The High Court of Malawi held the employer vicariously liable after a machine operator was injured when a colleague restarted machinery without warning.
Maloya v Phiri (Personal Injury Case 87 of 2019) [2023] MWHCCiv 6 (19 April 2023)
The Registrar does not have jurisdiction to restore a defence struck out under Order 13 Rule 6(1)(a) of the Courts (High Court) (Civil Procedure) Rules 2017; such applications must be determined by the Judge. The Registrar's authority under Order 25 does not extend to restoration of a defence in these circumstances. The matter is referred to the Judge for comprehensive determination.
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Nyirenda and Another v Phiri and Another (Civil Cause 330 of 2019) [2023] MWHCCiv 23 (31 March 2023)
Assessment of damages after a road accident: the High Court awarded both claimants compensation for pain, suffering, loss of amenities, disfigurement, and modest loss of earning capacity.
Chingapa v Wizimani and 1 other (Civil Cause 670 of 2020) [2023] MWHC 105 (31 March 2023)
After default judgment, the court assessed damages for a minor injured in a road traffic accident and awarded nominal damages and costs.
Kulima v Chivundi and Alpha Security Company Limited (Personal Injury 418 of 2013) [2022] MWHCCiv 28 (24 December 2022)
The court determined that the claimant suffered severe, permanent injuries including disfigurement, loss of earning capacity, and pain and suffering, and awarded damages proportionate to the gravity of the injuries, guided by comparable cases and legal principles of fairness and restitutio in integrum.
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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.
Kanyasa v Plem Construction Limited (Personal Injury Cause 827 of 2020) [2022] MWHC 137 (16 September 2022)
The High Court of Malawi found the defendant negligent for a road obstruction, but also held the claimant contributorily negligent for cycling without a front light.
Saidi and Ngoloweka(Suing as Administrators of the Estate pf Nancy Saidi ( Deceased)) v Attorney General (Civil Cause 845 of 2020) [2022] MWHCCiv 11 (4 August 2022)
The High Court assessed damages after default judgment for a pupil’s death caused by roofing sheets from a school block, awarding compensation and costs.
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