Samuteni v AG (Civil Cause 156 of 1993) [1993] MWHCCiv 51 (6 October 1993)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE N0.156 OF 1993 BETWEEN: S. SAMUTENI (FEMALE) PLAINT I Ff -and -'!'Ill< /\'l"l'OnNF:Y Cl<Nl<ll/\1, I) E FF: N f) /\ N 'I' CORAM: MWAUNGULU, REGISTRAR Maulidi_, Counsel for the Plaintiff Namboya, State Advocate, for the Defendant 0 R D E R The plaintiff, a widow, js claiming loss of dependency under section 7 of the Statute Law (Miscellaneous Provisions) Act for herself, her five children and a sister-in-law. The plaintiff1s husband died in a road accident on the 6th of October, 1990. Judgment was obtained in default of notice of intention to defend. The deceased was a member of Malawi Police Force. He died at the age of 41. He should have retired at the age of 50. His gross salary was K2,172,00 per annum. It was K2,067.96 after deductions for tax. The dependency is agreed at¾. This means Kl,378.64 was spent on the family. I award Kl3,780.00 for loss of dependency. The money should be distributed as follows: The Widow The sister-in-law Enock Samuteni Stella Samuteni 2/ .... K4,000.00 K780.00 Kl,200.00 Kl,500.00 -2 -Phillip Samuteni Thokozani Samuteni Edith Samuteni Kl,800.00 K2,100.00 K2,400.00 MADE in Chambers this 6th day of October, 1993 at Blantyre. (--t---. K~•t0'0 ~ D. F. Mwa ngulu REGISTRAR OF Tl-HI H OURT OF MALAWI