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Malawi decisions
Decisions matching the current search
The High Court of Malawi found the claimant’s arrest, prosecution and detention were instigated by the defendant, awarding ordinary damages for malicious prosecution and false imprisonment.
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.
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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The High Court of Malawi held that the Claimants were falsely imprisoned and maliciously prosecuted, but dismissed special damages for lack of strict proof.
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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S(On the application of Janet Dauda, Sellah Bvumbwe, Bertha Chitani and Jermia Kakumba) v Officer in charge for Ntcheu Police and Inspector General of Police (Judicial Review Case 3 of 2021) [2023] MWHC 34 (28 March 2023)
The High Court of Malawi awarded damages for false imprisonment only, rejecting unpleaded claims for business loss, earnings, and legal fees.
Mwanyali v National Bank of Malawi PLC (Civil Cause 385 of 2020) [2022] MWHCCiv 12 (16 September 2022)
The High Court of Malawi dismissed a claim for false imprisonment, malicious prosecution, and defamation, finding the bank only reported facts and did not instigate the arrest.
Mateyo v Attorney General ( Malawi Police Service) (Civil Cause 554 of 2021) [2022] MWHC 126 (19 August 2022)
High Court assessment of damages after default judgment for false imprisonment and constitutional rights violations during a solidarity march arrest in Lilongwe.
Osman v Attorney General (Personal Injury Cause 831 of 2017) [2022] MWHC 135 (4 August 2022)
Claimant proved false imprisonment for 10 days, loss of business, and defamation; no evidence supported malicious prosecution or exemplary damages. Damages awarded based on comparable cases, duration, and circumstances. Costs awarded as case was straightforward and liability settled by default judgment.
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Majeweta and 8 Others v Attorney General (Civil Cause 142 of 2020) [2022] MWHC 78 (20 May 2022)
Assessment of damages after default judgment for unlawful arrest and related torts. The High Court awarded all nine claimants damages and costs.
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