Mwafulirwa v Southern Bottlers Limited (Civil Cause 85 of 1987) [1993] MWHC 3 (28 July 1993)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 85 OF 1987 BETWEEN: T. J. MWAFULI RWA SOUTHERN BOTTLERS LIMITED and PLAINTIFF DEFENDANT Coram: Jane Mayemu Ansah (Mrs); Acting Deputy Registrar Assani; Legal Aid Advocate for the Plaintiff Chirwa; of counsel for the Defendant. R U L I N G This is a cla im for the damages for false imprisonment. The case was heard before the Hon. Justice Mtegha who found for the plaintiff. The only task for me is to assess damages. In assessing damages in cases of false imprisonment, it must be borne in mind that the loss suffered by the claimant is not percuminary loss but loss of dignity, mental suffering, disgrace, humiliation connected with loss of social status, and injury to feelings. All this is included in general damages and no breakdown appears. The criterion used in the ,assess ment is really not laid down because of the complexity of the loss, ~~a~ it depends on the circumstances of the case. Although there are a lot of decided cases, damages for false imprisonment are entirely left in the discretion of the court. The parties' only point of contention is the total hours that the It is the plaintiff spent in prison. Both parties have called witnesses. plaintiff's contention that he was taken to Ndirande prison at 9.00 a.m. on 20th June, 1985 and they released him on 21st June, 1985 at 17.45 p.m. There is abundant evidence as to the time of arrest. I believe that he was taken to police at 9.00 a.m. on 20th June. Regarding the time the claimant was released, it is the defence witness' evidence that the general practice of the police force is that arrested persons are released within normal working hours. That is between 7.30 a.m. to 4.30 p.m. when senior officers who sign the bail bond at the police station are present. The plaintiff himself is not consistent regarding the time of his release from prison. The statement of claim shows 15.45 p.m. He mentioned a different time when he gave evidence before the Hon. Justice Mtegha and yet a different time was given by him when he gave evidence before me . In the circumstances 2/ ....... . - 2 - I will therefore I believe the plaintiff was released before 4.30 p.m. take the time shown on the statement of claim bearing in mind that the writ was taken out in 1987 about two years after the occurance of the incident, when the plaintiff's memory was still fresh. Therefore the plaintiff was released from Ndirande prison at 15.45 p.m. on 21st June, 1985. The plaintiff was wrongfully imprisoned and deprived of his liberty for a period of thirty one houis. During this period, the plaintiff suffered mental anguish, indiginity and embarrassment especially considering the presence of other inmates. He had to go into the cell without shoes. the cold season and yet he slept on a bare floor, without a blanket. The sum of KS,OOO. OO is reasonable compensation . the costs of the assessment. I order the defendant to pay It was during PRONOUNCED in Chambers this 28th Day of July, 1993. . ( ' ~ - J \.__:.1•\ "\, '\..._I, / •)\~ Jane Mayemu Ansah (Mrs) ACTING DEPUTY REGISTRAR "---..., \",,._ _ _