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Malawi Case Law

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Tort [2022] MWHC 121

Kwerepeta v Libertas General Insurance Company Limited and Aniz (Personal Injury Cause 856 of 2021)

Kwerepeta v Libertas General Insurance Company Limited and Aniz (Personal Injury Cause 856 of 2021) [2022] MWHC 121 (20 July 2022)

The High Court of Malawi assessed damages for a road traffic injury, awarding compensation for pain and suffering and loss of amenities, but rejecting disfigurement and earning-capacity claims.

  • Personal injury
  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Disfigurement
  • Loss of earning capacity
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Tort [2021] MWHC 246

Saini & Witness v Lomoriwa , Attorney General & Reunion Insurance Company

Saini & Witness v Lomoriwa , Attorney General & Reunion Insurance Company (Civil Cause 502 of 2018) [2021] MWHC 246 (21 December 2021)

High Court of Malawi assessment of damages after default judgment in a road traffic injury case, awarding each claimant MK3,506,000 and costs.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Disfigurement
  • Loss of earnings
  • Special damages
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Tort [2021] MWHC 169

Mike Mtuwa (Suing as litigation guardian for Bertha & Linnly Mtuwa , minors ) v Thomas Matemba & Prime Insurance Company Limited. (Personal Injury Cause 886 of 2020)

Mike Mtuwa (Suing as litigation guardian for Bertha & Linnly Mtuwa , minors ) v Thomas Matemba & Prime Insurance Company Limited. (Personal Injury Cause 886 of 2020) [2021] MWHC 169 (25 November 2021)

The court found the injuries to both claimants were serious and uncontroverted, considered comparable awards and currency devaluation, and determined K2,000,000.00 for the 1st claimant and K4,000,000.00 for the 2nd claimant as appropriate compensation for all heads of damages.

  • Personal injury
  • Quantum of damages
  • Pain and suffering
  • Loss of amenities of life
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Tort law [2021] MWHC 168

Matiki Maseya v Electricity Supply Corporation of Malawi Limited (Personal Injury Cause 516 of 2018)

Matiki Maseya v Electricity Supply Corporation of Malawi Limited (Personal Injury Cause 516 of 2018) [2021] MWHC 168 (18 November 2021)

Assessment of damages after default judgment for workplace electrocution injuries, with awards for pain, loss of amenities, deformity, and earning capacity.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Deformity
  • Disfigurement
  • Loss of earning capacity
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Tort [2021] MWHC 149

Brighton Kamowa Chikekwe v Prime Insurance Company Limited & Emmanuel Noah Kumdana (Personal Injury Cause 944 of 2019)

Brighton Kamowa Chikekwe v Prime Insurance Company Limited & Emmanuel Noah Kumdana (Personal Injury Cause 944 of 2019) [2021] MWHC 149 (17 November 2021)

The High Court of Malawi assessed damages after settlement and awarded the claimant K4,300,000 for pain, loss of amenities, and disfigurement.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Disfigurement
  • Special damages
  • Personal-injury
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Tort law [2021] MWHC 138

Elinata Makombe v Richard Nthala & ER Bus Company (Personal Injury Cause 945 of 2015)

Elinata Makombe v Richard Nthala & ER Bus Company (Personal Injury Cause 945 of 2015) [2021] MWHC 138 (1 November 2021)

High Court of Malawi assessed damages for a bus accident victim, awarding K7,503,000 for severe cervical spine injuries, loss of amenities, and proved special damages.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Disfigurement
  • Special damages
  • Personal-injury
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Tort [2021] MWHC 113

Yambitsani Follius v Soko Malunga and Prime Insurance Company Ltd

Yambitsani Follius v Soko Malunga and Prime Insurance Company Ltd (Civil Case 324 of 2015) [2021] MWHC 113 (22 September 2021)

High Court of Malawi assessed damages after a road traffic accident, awarding MK4,950,000 for personal injury claims and rejecting unproven special damages and loss of earnings.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Disfigurement
  • Loss of earnings
  • Special damages
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Tort [2021] MWHC 390

Andimoni v Easten Produce Malawi Limited (Personal Injury Cause 857 of 2013)

Andimoni v Easten Produce Malawi Limited (Personal Injury Cause 857 of 2013) [2021] MWHC 390 (23 August 2021)

High Court assessment of damages for a scrotal injury sustained in employment, awarding compensation for pain and suffering and loss of amenities of life.

  • Personal injury
  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Negligence
  • Personal-injury
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Tort law [2021] MWHC 335

Naposa v Banda and Prime Insurance Company Limited (Personal Injury Cause 147 of 2020)

Naposa v Banda and Prime Insurance Company Limited (Personal Injury Cause 147 of 2020) [2021] MWHC 335 (10 August 2021)

High Court of Malawi assessed damages after a road accident, accepting the claimant’s evidence of a foot fracture and awarding MK4,000,000.00 in general damages.

  • Personal injury
  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Permanent incapacity
  • Personal-injury
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Tort law [2021] MWHC 55

Nyirenda v Kamtengeni (Assessment of Damages) (Personal Injury Cause 166 of 2021)

Nyirenda v Kamtengeni (Assessment of Damages) (Personal Injury Cause 166 of 2021) [2021] MWHC 55 (2 August 2021)

High Court of Malawi damages assessment after default judgment arising from a road accident, awarding general damages for injury, loss of amenities, and disfigurement.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities of life
  • Disfigurement
  • Special damages
  • Assessment-of-damages
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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.