Kondwani & Anor. v Miaga Estate Ltd (Civil Cause 374 of 1994) [1995] MWHCCiv 25 (18 April 1995)

--- IN. TI-IE HIGl-I COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NUMBER 374 OF 1994 BETWEEN: I<ONDWANI c,1·.d S. 11. KOTil!A and PLAINTIFF !HAG!\ ESTATE LIMITED DEFENDANT CORAM: E. B . TWEA, R~G1STRAR Mhone, Couns e l for the Plaintiff f0~ th e Defe ndant absent Coun se l ORDER Th e plaintiff br o u ~l1t this action against the defendant company on 23 February, 1994 claiming general damages for personal inju r i es. The defendant company was served but there wa s neither ac kn ow ledgement nor defence by the d e fendant. judgmen t on 15th December 1994. Th e p l a intiffs obta in e d tl1 e 17Lh o f Ja nua r y 1995, the ca se was ca lled up for On ass essment o f dama ge s . Again the def e ndant was absent . Th e plaintiff t hen pro ceede d to give evidence. Th e pl a i n tiff c alled two witnesses in their case: plaintif f s tl1erns e lve s . the t, h e t o l r 1 p L :t i n t i f' f s u s ta i n e cl Th e £ i r s t injuries on He told this Court th a t despite med ication h e st ill has backach e when He told wo r king. He produced t he medical report PE Xl . th e Court is 23 years of age anct has been 0mployed by the def2 nd cu11_ .for si x y ear ,:; . r ight leg and arm. th i s C o u r t th;:'lt he that h e Th e seco nd p l ai ntiff told th i s Co urt that he sustained 1~h e ba c k, back of his h ead , i nju1_·ies o n both fingl".!rs and s h o u l d e rs. The scars of t he injuri es are ! ;':' h a s d :Lffi c ulti es Hh e n walking a: . d stil l painful a n d s u f f e 1: s H e a 1 s o p rod u c e d h i s m e d i c a l f r o n1 b o u t. s o f r ':' po rt . <.1 i z, z i n e s s . t. o 1 d t b i s C' o u rt r-. h a t h e f 1J rt h 8 r leg s , I I e i s 2 I • •.. - - 33 years old and that he is no longer working for the defendant company. He now depends on piece work to earn money. This in the essence was the evidence in this case and the submissions of counsel. to In the case for the second plaintiff counsel referred this Court two cases: Lameck Macheso Vs. Punch Construction, Civil Cause No. 288 of 1984 and Wesley vs. British Waterways Board N. L. J. 23.3.87 It was however, counsel's submission that the injuries therein were more serious. On the first plaintiff, counsel referred to the cases of Royce Mwasinga vs. Stage Coach Limited, Civil Cause Number 384 of 1992 and Defrietas Vs. Rathjen N. L. J. 27.3.87. Again in these cases, the facts are at variance with injuries herein. It is clear from the evidence, however, that of the two, I the second plaintiff suffered more serious injuries. will thus refer to his case first. According to PEXl, the second plaintiff has suffered 05\ incapacity in his flexion of muscles of the lower spine. This will affect his capacity indeed, either household chores. He was in hospital for two days and continued to attend hospital for four weeks. to do manual work or, Although his age was given to be 33 years, he did not inform the Court how much he earned. I bear in mind that In my view for a common he claims general damages. labourer, I would think Kl0,000 general damages for pain loss of amenities would be adequate suffering and compensation. I herein bear in mind the loss of value of the Kwacha. As to the first plaintiff, the shows that he has not suffered able to perform his duties as a in the emplo~ of the defendant. damages for pain and suffering. medical report clearly any incapacity. He is labourer. He is still I would award K3,000 as The defendant is condemned to pay costs for this action. Prounced in chambet"s this 18th day of Aprtl 1995, at Blantyre. '~~ Ek, Twea REGIS'fRAR