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Malawi Case Law

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Tort [2022] MWHC 156

Chiwalo v Ulemu Bus Service and Prime Insurance Company (Personal Injury 407 of 2020)

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.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
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Tort law [2022] MWHC 132

Matiki v Reunion Insurance Company Limited and Salman Khan T/A Khan Transport (Personal Injury Case 35 of 2021)

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.

  • Personal injury
  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
  • Personal-injury
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Tort [2022] MWHC 229

Solomoni (suing through his mother & litigation guardian Stella Charles) and 2 Others v Malunga & Prime Insurance Company Limited (Personal Injury Cause 394 of 2020)

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.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
  • Pecuniary loss
  • Assessment-of-damages
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Tort [2022] MWHC 86

Njobvuyalema v Makonde and Prime Insurance Company Limited (Personal Injury Case 370 of 2020)

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.

  • Personal injury
  • Damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
  • Special damages
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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] MWHCCiv 31

Masoakhumbira and 2 Others v Kachepatsonga and 2 Others

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.

  • Negligence
  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
  • Special damages
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Tort [2021] MWHC 250

Saizi v Mario & Prime Insurance Company Limited (Personal Injury Cause 18 of 2019)

Saizi v Mario & Prime Insurance Company Limited (Personal Injury Cause 18 of 2019) [2021] MWHC 250 (14 December 2021)

High Court of Malawi assessed damages for a road-accident personal injury claim, awarding compensation for pain, disfigurement, special damages, and costs.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
  • Special damages
  • Costs
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Tort [2021] MWHC 184

Henry Olando ( a minor suing through his & litigation guardian Yasinta Chimbalu ) v Chimwemwe Lifa & Prime Insurance Company Limited (Personal Injury Cause 842 of 2020)

Henry Olando ( a minor suing through his & litigation guardian Yasinta Chimbalu ) v Chimwemwe Lifa & Prime Insurance Company Limited (Personal Injury Cause 842 of 2020) [2021] MWHC 184 (6 December 2021)

Assessment of damages for a minor’s fracture and bruising. The High Court awarded MK7,503,000, with the insurer’s liability capped at MK5,000,000.

  • Personal injury
  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
  • Special damages
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Tort [2021] MWHC 276

Kamchacha v Mtonga and Prime Insurance Company Limited

Kamchacha v Mtonga and Prime Insurance Company Limited (Civil Case 279 of 2020) [2021] MWHC 276 (30 November 2021)

Assessment of damages after default judgment arising from a motor vehicle accident. The court awarded the claimant MWK 3,510,000 for multiple injury heads and costs.

  • Damages
  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
  • Special damages
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Tort [2021] MWHC 163

Flossy Chiphwanya v Prime Insurance Company Limited & Chikondi Mtentha (Personal Injury Cause 112 of 2021)

Flossy Chiphwanya v Prime Insurance Company Limited & Chikondi Mtentha (Personal Injury Cause 112 of 2021) [2021] MWHC 163 (25 November 2021)

The High Court of Malawi assessed damages after liability was agreed, awarding the claimant K4,000,000 for personal injury, pain and suffering, loss of amenities, and disfigurement.

  • Assessment of damages
  • Pain and suffering
  • Loss of amenities
  • Disfigurement
  • Assessment-of-damages
  • Personal-injury
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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.