Mwase v Mwenda (Civil Cause 992 of 1993) [1993] MWHCCiv 55 (13 November 1993)

IN THE HIGH CO URT OF MALAWI PRINCIPAL REGISTRY CIV IL CAUSE NO.9 22 OF 199 3 BETWEEN: TAKONDWA L. MWASE PLAIN TI F F - and - A. Y. MWENDA . . . . . . . . . ... .. . . . . . . . . . . . . . . ... . DEFENDANT CORAM : MWAUNGULU, REGISTRAR Kasambala, Co uns el for the Pl a intiff Absent , Counsel for the Def e ndant Manondo (Mr s ), Court Clerk 0 R D E R On the 15th of July, 1993 the plaintiff took out th is act ion against the defendant claiming dam ages for trespas s to good s , conversion and def a mati o n . There wa s also a claim fo r Kl OO. OO professional allowanc es following a contract of emp loyment between the plaintiff and the defendant . was obtained in default of notice of in t ent ion to defend o n th e 1 1th of Augus t, 199 3 . Although ther e was a notice of int ent ion t o d efend lod g e d with th e Court , it was returned t o defe ndant on the 3rd of Se ptemb e r, 1993 because ju d gment h ad alre ady been entered . The noti ce of a sse ss ment o f damages wa s set for the 13th of October , 1993 . The d e fendant d id not co me. I or dered the defend a nt to pay K2,8OO. OO to the plaintiff. Judgm e nt t h e teacher . The plai ntiff was e mployed by the d efe ndant as a Se co ndary Th e plaintiff was earnin g K7OO. OO per mo n t h and Sc hoo l a r e sponsibi lity allowance of KlOO. OO. In Marc h, 1 993 t h e de f e ndant refused to pay the plai n tiff th e sum of KlOO . OO, r esp onsibility allowance . He advised the plaintiff to r es i g n eve n without giv in g noti ce . 3rd Apr i l, 1993 . When the defe ndant o rall y accepted the pl ai ntiff's resignation, the defendan t d e ma nded from the p lai ntiff one month sa lary in lie u of not ice . The plaintif f r e fused . Th e plaintif f did so b y let ter o f t he 2/ .. . . - - On th e 3rd of Ap ril, 1993 , the defend a nt , act i n g thr ough h i s se rvants o r age nt s , broke and entered t h e plainti ff ' s house . The d e fendant took a way the plainti f f ' s dinning set value d at Kl ,2OO . OO . There was a written demand to the d e f e nd ant d ated 31st May , 1993. The d e fendant still ke e ps the goods . He ref u se d to sur r e nd er t hem to the plaintiff. It is co nt e nd~d for the plaintif f that the man ner in whjc h t h e d e fendant conducted himself a moun te d to defamation f or it in d i c ated to t he pe ople around there that the plaintiff was o wing the d e fenda nt money . i n jure d the plaintiff ' s credit and reputation . It is contended that this h a s The plajntiff i s entitled to th e Kl OO . OO , t h e professio n a l allowances due to him by virt u e of th e c ontr ac t of e mploym ent . The p laintiff is claiming for d a ma ge s for trespass to goo ds as well a s conversio n. He c a nnot b e awarded both . The d a mages h e is e ntitled to a re th e co st of the dinning set at th e tim e of conve rsio n . This ha s been put at Kl , 2OO . OO, acqui ring them . There is a furt her cl a i m for dam ages for d efama tio n . the p lajntiff Kl , 5OO . OO . I aw a rd the plaintiff t he sum of Kl , 2OO . OO. the cost of I a ward MADE Bl an t y re. i n Chamber s this 13th day of Nov e mb er , 199 3 a t REGISTRAR T OF MALAWI