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Malawi decisions
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Nyirenda and Another v Phiri and Another (Civil Cause 330 of 2019) [2023] MWHCCiv 23 (31 March 2023)
Assessment of damages after a road accident: the High Court awarded both claimants compensation for pain, suffering, loss of amenities, disfigurement, and modest loss of earning capacity.
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.
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Chiwalo v Ulemu Bus Service and Prime Insurance Company (Personal Injury 407 of 2020) [2022] MWHC 156 (1 August 2022)
The claimant's evidence sufficiently proved loss of forearm and related injuries; aggregate compensation of K9,000,000.00 is within the range of comparable awards for similar injuries.
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Matiki v Reunion Insurance Company Limited and Salman Khan T/A Khan Transport (Personal Injury Case 35 of 2021) [2022] MWHC 132 (1 August 2022)
On assessment of damages after default judgment, the High Court awarded the claimant K4,000,000 for pain and suffering and loss of amenities after a motor accident.
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.
Solomoni (suing through his mother & litigation guardian Stella Charles) and 2 Others v Malunga & Prime Insurance Company Limited (Personal Injury Cause 394 of 2020) [2022] MWHC 229 (24 June 2022)
The High Court of Malawi assessed damages for three minor plaintiffs injured in a road accident, awarding compensation for pain, suffering, loss of amenities, and disfigurement.
Chirwa v Kamanga and Prime Insurance Company Limited (Civil Cause 109 of 2020) [2022] MWHC 165 (23 June 2022)
Assessment of damages in a personal injury claim arising from a bicycle and motor vehicle collision, with awards for pain, suffering, earnings, and report costs.
Njobvuyalema v Makonde and Prime Insurance Company Limited (Personal Injury Case 370 of 2020) [2022] MWHC 86 (20 May 2022)
High Court of Malawi assessed damages after a road traffic injury, awarding K3,000,000 for pain and suffering, K1,000,000 for loss of amenities, and K300,000 for disfigurement.
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.
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Masoakhumbira and 2 Others v Kachepatsonga and 2 Others (Civil Cause 138 of 2021) [2022] MWHCCiv 31 (18 May 2022)
After default judgment, the High Court assessed damages for two successful personal injury claimants, awarding each MK5,020,000 and costs, while denying one claimant's unsupported claim.
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