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Malawi Case Law

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Tort [2022] MWHCCiv 28

Kulima v Chivundi and Alpha Security Company Limited (Personal Injury 418 of 2013)

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.

  • Assessment of damages
  • Compensation
  • Loss of earning capacity
  • Disfigurement
  • Pain and suffering
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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 [2022] MWHC 90

Sakala v Somanje and Prime Insurance company Limited (Personal Injury Case 985 of 2019)

Sakala v Somanje and Prime Insurance company Limited (Personal Injury Case 985 of 2019) [2022] MWHC 90 (20 May 2022)

The claimant is entitled to damages for pain and suffering, loss of amenities, disfigurement, loss of earning capacity, and special damages, assessed based on the severity of injuries, comparable case awards, and strict proof of special damages.

  • Personal injury
  • Assessment of damages
  • Loss of earning capacity
  • Special damages
  • Pain and suffering
  • Loss of amenities
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Tort [2022] MWHC 79

Mumba v Limbada t/a Moon Puffs (Personal Injury Cause 973 of 2021)

Mumba v Limbada t/a Moon Puffs (Personal Injury Cause 973 of 2021) [2022] MWHC 79 (13 May 2022)

High Court of Malawi assessed damages for a workplace injury in which the claimant lost four fingers. Awards were made for pain, disfigurement, and loss of earning capacity.

  • Personal injury
  • Assessment of damages
  • Workplace injury
  • Loss of earning capacity
  • Disfigurement
  • Personal-injury
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Tort [2021] MWHC 264

John v Baba G. Construction Limited

John v Baba G. Construction Limited (Civil Case 760 of 2021) [2021] MWHC 264 (20 December 2021)

The High Court of Malawi assessed damages after a workplace hand injury, awarding MK4,500,000 for pain, suffering, loss of amenities, and disfigurement.

  • Personal injury
  • Negligence
  • Damages
  • Loss of earning capacity
  • Disfigurement
  • Personal-injury
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Tort [2021] MWHC 158

Siyani Lambulira v Flouride Cement Company Limited (Personal Injury Cause 387 of 2020)

Siyani Lambulira v Flouride Cement Company Limited (Personal Injury Cause 387 of 2020) [2021] MWHC 158 (22 November 2021)

High Court assessment of damages after a workplace hand injury led to finger amputation and loss of function, with awards for general damages and loss of earning capacity.

  • Personal injury
  • Assessment of damages
  • Loss of earning capacity
  • Pain and suffering
  • Disfigurement
  • Personal-injury
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Tort [2021] MWHC 153

Hemson Lipenga v Quality Products Limite (Personal Injury Cause 510 of 2020)

Hemson Lipenga v Quality Products Limite (Personal Injury Cause 510 of 2020) [2021] MWHC 153 (22 November 2021)

The High Court of Malawi awarded damages to a worker who suffered a traumatic finger amputation in a machine accident, including loss of earning capacity.

  • Personal injury
  • Assessment of damages
  • Loss of earning capacity
  • Disfigurement
  • Personal-injury
  • Assessment-of-damages
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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 267

Kazembe v Lomoriwa & Attorney General (Machinga Police Station)

Kazembe v Lomoriwa & Attorney General (Machinga Police Station) (Civil Cause 635 of 2019) [2021] MWHC 267 (21 October 2021)

High Court assessment of damages after a road accident awarded MWK2,006,000 for pain, suffering, loss of amenities, and proven special damages.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Special damages
  • Loss of earning capacity
  • Disfigurement
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Tort law [2021] MWHC 329

Witness v Dick , Sammy's transport and Britam Insurance Company Limited (Personal Injury Cause 376 of 2018)

Witness v Dick , Sammy's transport and Britam Insurance Company Limited (Personal Injury Cause 376 of 2018) [2021] MWHC 329 (31 May 2021)

High Court of Malawi assessment of damages after a road accident amputated the claimant’s right leg below the knee and caused other injuries.

  • Personal injury
  • Assessment of damages
  • Policy limits
  • Loss of earning capacity
  • Disfigurement
  • Personal-injury
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About this LexChat collection

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.