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Citation
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Judgment date
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| February 1990 |
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Court reduced an excessive K306,000 award to K90,000 and set K300/week as a guide for pain and suffering valuations.
Damages — personal injury — near-total loss of use of limb; pain and suffering — appropriate weekly rate (K300/week) — conversion of foreign awards into kwacha: realistic approach, not strict exchange-rate multiplication — valuation date generally that of the High Court award
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28 February 1990 |
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A named newspaper report with matching particulars was held to refer to the plaintiff; defendants’ privilege and fair-comment defences failed.
Defamation – Libel – Identification by name and particulars – When words are understood to refer to the plaintiff; Defences – Qualified privilege and fair comment – burden of proof; Reliance on foreign correspondent and failure to produce foreign court transcript; Quantum of damages for imputation of criminality
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27 February 1990 |
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Plaintiff must prove reference in libel; court found articles referred to plaintiff and awarded damages.
Defamation - Libel - Reference to plaintiff; burden of proof on plaintiff; qualified privilege and fair comment; damages awarded
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27 February 1990 |
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Implied landlord duty to maintain common lifts exists but is limited to reasonable care, not a guarantee of constant availability.
Landlord and tenant — implied obligation to maintain common parts (lifts/stairs) in tall multi-occupied buildings — scope: reasonable care not absolute warranty — liability where landlord negligent; quiet enjoyment covenant not breached absent active interference
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18 February 1990 |
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Appeal allowed: murder conviction reduced to manslaughter where trial judge failed to address affray/self‑defence allegation.
Criminal law – murder v. manslaughter – provocation and self-defence (affray) – appellate review where trial judge omits to address material defence – doubt resolved for accused – sentencing for serious manslaughter.
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7 February 1990 |
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Convictions for fraudulent misapplication of service property quashed where materials were properly authorized and no intent to permanently deprive proved.
Criminal law — Fraudulent misapplication of service property — Sufficiency of evidence — Authorization of procurement for government house repairs — Intention to permanently deprive — DPP discontinues support — Convictions quashed.
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7 February 1990 |