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Malawi decisions
Decisions matching the current search
Banda v Malawi Post Corporation (Personal Injury Cause 138 of 2020) [2024] MWHC 22 (19 March 2024)
The High Court of Malawi dismissed claims for false imprisonment, defamation, malicious prosecution, and conversion of money, but upheld conversion of listed office items.
Kawinga v Satemwa Tea Estates Limited (Personal Injury Cause 118 of 2019) [2024] MWHC 27 (28 February 2024)
The High Court of Malawi dismissed a workplace injury claim after finding no employer negligence and holding that the claimant was himself contributorily negligent.
Nkhoma v First Merchant Bank (Civil Cause 41 of 2016) [2023] MWHC 119 (9 August 2023)
The Defendant merely reported the loss to the police, who acted independently in arresting and prosecuting the Claimant; thus, the claim for false imprisonment and defamation fails. However, the Defendant, through its lawyers, obtained consent to prosecute but failed to proceed, indicating lack of reasonable and probable cause, and thus the claim for malicious prosecution succeeds. The claim for reimbursement of legal fees fails for lack of evidence.
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Phiri and 2 Others v Attorney General (Civil Cause 489 of 2016) [2023] MWHC 106 (20 July 2023)
The Defendant had no reasonable and probable cause to arrest or prosecute the Claimants, as the evidence did not show the Claimants incited violence and key evidence against them was hearsay and inadmissible. The prosecution was triggered by the Claimants' demand for compensation, indicating malice. Special damages were not strictly proved and thus not awarded. Claimants are entitled to damages for false imprisonment and malicious prosecution, and costs.
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Chipantha & Msika v Attorney General (Ministry of Health) (Civil Cause 144 of 2021) [2023] MWHCCiv 16 (28 June 2023)
Assessment of damages after default judgment in a medical negligence case involving a retained surgical pack. The court awarded substantial compensation to both claimants and costs.
Rabson v Central High School (Personal Injury Cause 230 of 2020) [2023] MWHC 28 (5 April 2023)
The High Court of Malawi dismissed a builder’s personal injury claim after finding he was experienced, failed to take reasonable care, and caused his own fall.
Rabson v Central High School (Personal Injury Cause 230 of 2020) [2023] MWHC 64 (5 April 2023)
A workplace injury claim failed after the court found the experienced builder had not proved employer negligence or breach of statutory duty.
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.
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.
Chitekwe v Electric Supply Corporation of Malawi (Civil Cause 7 of 2018) [2023] MWHC 39 (12 January 2023)
The High Court of Malawi assessed damages for fire damage caused by negligence, awarding replacement costs, loss of profits, household items, and inconvenience.
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