IN THE HIGH COURT OF MALAWI
LILONGWE DISTRICT REGISTRY
CIVIL CAUSE NO. 674 OF 2000
C.K. KATULI PLAINTIFF
ATTORNEY GENERAL DEFENDANT
CORAM: H/H Ligowe
Kadzakumanja: Counsel for Plaintiff
Chulu : Court Clerk
This is an order on assessment of damages pursuant to the judgment the plaintiff obtained upon stricking out the defendants defence under Order 24 Rule 16 of the Rules of the Supreme Court.
The plaintiff brought action against the defendant for damages for breach of contract and costs of the action.
The defendant did not attend court on the date appointed for the assessment despite having been duly served with the notice. No communication having been given for the non attendance, the court proceeded in his absence.
The plaintiff testified that he trades in maize, beans and groundnuts. That on 4th November 1999 he was requested by the Education Division at Kasungu to supply them with 200 bags of maize each weighing 50kgs. He delivered the bags on 9th November 1999. He tendered in evidence, an invoice and delivery note to prove he indeed supplied the bags of maize. They were worthy K100,000.00. He also tendered an L.P.O. showing that the Education Division at Kasungu requested for the supply of the goods. Upon delivery he was told to wait for payment. They organized a part payment of K30,000.00 at some point but that was not paid to him because the money was used in fixing a water pump at Chipoka Secondary School. On 18th December 1999 he was told they were not going to be able to pay and asked him to collect his maize, but when he went to collect it he found it had been used. He had not been paid until he decided to take the matter to court.
When the defendants breach simply consists of failure to pay money the loss is normally to be measured in terms of the amount of the money unpaid. In the present case K100,000.00. The plaintiff is awarded K100,000.00 plus costs of the action.
Made in Chambers this .. day of August 2005.