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Malawi decisions
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Mintrozo v Malawi Revenue Authority & The Attorney General (Personal Injury Cause 298 of 2018) [2025] MWHCCiv 8 (19 June 2025)
The High Court of Malawi found the police officer negligently shot and killed the claimant’s husband, who was an innocent bystander, and awarded damages against the 2nd Defendant only.
Kaliya v Times Television Limited (Civil Cause 153 of 2015) [2024] MWHC 26 (19 April 2024)
The court found that the defendant published defamatory statements about the claimant despite police requests to delay, causing reputational harm. However, the claimant failed to prove pecuniary loss or entitlement to exemplary damages. The court awarded compensatory damages only, considering comparable awards, the erosion of the Malawi Kwacha, and the need to balance compensation with media freedom.
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Mumba v Opportunity International Bank of Malawi (Civil Cause 49 of 2016) [2023] MWHCCiv 9 (15 December 2023)
The Defendant failed to provide evidence of the Claimant's impecuniosity or risk that the appeal would be rendered nugatory; the issue on appeal is only the quantum of damages, not liability, so a stay is not warranted.
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Mkandawire v Matete (Civil Cause 136 of 2017) [2023] MWHCCiv 30 (14 July 2023)
The High Court declined declarations of ownership and trespass over Plot P17, but held the claimant should receive damages for procedural irregularity in the land reallocation process.
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.
Kamala v Top Range Civil Engineering Contractors (761 of 2018) [2023] MWHCCiv 7 (29 May 2023)
The High Court held that a road contractor was negligent for failing to put up warning signs during rehabilitation, causing a fatal accident.
Kasiya v OG Paints Limited (Civil Cause 440 of 2019; IRC MATTER 182 of 2020) [2023] MWHC 23 (12 May 2023)
The defendant breached both statutory and common law duties of care by failing to fence or guard the dangerous part of the paint mixing machine, directly causing the claimant's injury. The defendant failed to prove genuine financial reasons for dismissal, making the termination unfair. The claimant is entitled to damages for negligence and remedies for unfair dismissal, including reinstatement and salary arrears.
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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.
The High Court of Malawi held the employer vicariously liable after a machine operator was injured when a colleague restarted machinery without warning.
Wizalamu v Royal Products Limited (Personal Injury Cause 250 of 2020) [2023] MWHCCiv 24 (26 April 2023)
The High Court of Malawi found the employer liable after a machine was restarted while the claimant was removing plastic, causing severe arm injuries and amputation.
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