Masina v Attorney General (Civil Cause No. 558 of 1999) ((Civil Cause No. 558 of 1999)) [2005] MWHC 100 (01 October 2005);

Share

IN THE HIGH COURT OF MALAWI

LILONGWE DISTRICT REGISTRY

CIVIL CAUSE No. 558 OF 1999

BETWEEN

ALEX MALILI MASINA ………………………………………………… PLAINTIFF

AND

THE ATTORNEY GENERAL ……………………………………… DEFENDNAT


Coram: T.R. Ligowe: Assistant Registrar

Katemula : Counsel for the Plaintiff

Chulu : Court Clerk


ORDER ON ASSESSMENT OF DAMAGES

The plaintiff commenced action by writ against the defendant on 23rd August 1999 claiming damages for professional negligence by the Malawi Police for failure to produce a police report on an accident involving a motor vehicle registration number MP 1004 LandRover which happened on 3rd June 1992 and costs of the action. A default judgment was entered on 1st March 2000 for damages to be assessed. This is the assessment of the damages.


The defendant did not attend court on the date appointed for the assessment despite having been duly served with the notice. No reason for non attendance having been given, the court proceeded in the absence of the defendant.


The plaintiff testified that his eight year old daughter, Benedeta Maliri Masina was hit and killed by the defendant’s motor vehicle Reg. No. MP 1004 in 1992. He tendered in evidence a police report dated August 1997.

Counsel for the plaintiff in his written submission submits that failure to produce the police report in time led the plaintiff’s claim against the wrongdoer become statute barred. He therefore prays for the damages to be awarded for loss of expectation of life and loss of dependency. I don’t think however that a plaintiff would be prevented from commencing action for damages for loss of expectation of life just because they have not obtained a police report yet. To award the damages as submitted by counsel herein, in my judgment is to circumvent the limitation period.


Apparently, the plaintiff’s evidence does not show any other injury suffered as a result of the delay in producing the police report. I am at pains to award any real damages in this case. I award the plaintiff a token sum of K5 000 as nominal damages.


Made in Chambers this …………day of October 2005.





T.R. Ligowe

ASSISTANT REGISTRAR