Lester v Naming'omba (Civil Cause 1307 of 1993) [1994] MWHCCiv 37 (4 February 1994)

~ - ~~ \es - C..\a.1._ ~ , ~~e....s ~ ~~ \4)~.es - .,,. ~e,-',_c:sru~ 6~ ~CR_ ~ \~~c--..._ ~ ~d . - ~OC : : .~ { - ~~~~ ~~&e. J ~ \.o.s..s ~ 6 . , - -e_~ e. ,S • ;~ c ! l - .~~~ - ~0 - - - 0..3..e- s ~ vol - .) $~ ""-,5 -ks&2ss....__.....);:::_ ~ ~"'---0.."a,e~ c:,_,_ & IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY D4L---0.2-/77f- c1vIL CAUSE NUMBER 1307 OF 1993 BETWEEN: TO NY LESTER . . . . . . . . . . . . . . . . . . . . . . . . .... PLAINT IFF -AND- NAM ING'OMBA TEA ESTATE LIMITED ......... DEFEND ANT CORAM: D F Mwaungulu, Registrar Mwafulirwa for the plaintiff Ndalama, Interpreter ORDER t ea manufacturer, at the defendants factory . This is an application for damages for personal in juries. The plaintiff was employed by the d efendant, He was a inj ured when a roller pulled his arm when he wa s cleaning a conveyor. His arm was crushed. His Judg ement was ob tained in default of notice of intention t ~ defend. The Damages had to be as sessed. On the 15th of December, 1993, aft er hearing ev idence from the plainitff the plaintiff, I awarded da mages amounting to K23,912. I reserved rul ing. interlocutory. judgement was The plaintiff was the hospital im mediately . He was admitted for two days. According to the medical report he had comuttted fractu re of the ri ght humerous. This me~ns he had several fr actures on th e bone. he was on plaster of paris for two months. rushed to There is a medical report on the injuries . he has su ffered an incapacity of ten percent. He will not, a ccord i ng to the report, be able to do his pre vious job. Th e report further state that the plaintiff feels some pai n when lifting objects when the muscle ru bs on the bon e calcif i cation. The plaintiff wanteq_ to go to work immedia tely after the plaster of pari s. He '7as ask e d to wait for a further thr ee months. He resumed work. He left work i mmediately be cause of the pain and problems he is exper iencing as res ult of t he injuries. - - The plaintiff earnings were K59 before t a x. He is a g ed 33 years. am grateful to counsel for the drawi ng to my I a tt ention to previous awards. The right award fo r the p la intiff is K14,000 for pain and suffering an d lo ss of a me nities. The plaintiff is virtually out of work . His wo rking life would have been up to the age of 55 y ears. The right award is K9912. Hade in Chambers this 4th Day of February , 19 94 in Cha mbers. I c--L--~ D F ~~~-ngulu REGISTRA~THE HIGH COURT ...