IN THE HIGH COURT OF MALAWI
PRINCIPAL
REGISTRY
BETWEEN :
MARY MANGWIZA MANYUSA
.. PLAINTIFF
AND
POLICE SERVICE COMMISSION
1STRESPONDENT
ATTORNEY GENERAL
.. 2ND
RESPONDENT
Nyimba,
Counsel for the plaintiff
Attorney
General, Absent
This is
this Courts order on assessment of damages pursuant to a judgement of the High
Court made by Justice Mkandawire on 6th November,2002. The plaintiff had been wrongfully
prematurely retired and she sued the defendant claiming gratuity, pension that
would have been dine to her on her normal retirement. She also claimed arrears in salary she would have been entitled
to from the time she was prematurely retired up to the time she was
supposed to be retired properly. The notice of hearing of this assessment of
damages was duly served on the defendant who chose not to make an
appearance. That left the plaintiffs
testimony totally unchallenged.
This
Court heard the evidence of the plaintiff on the entitlements she would have
had for the remaining 9 years she would have served had it not been for the
wrongful premature retirement.
The
entitlements are salary for the remaining period of service namely 9 years,
gratuity, pension due and leave grant.
These entitlements are due to the plaintiff in the circumstances as was
clearly cussed in the Malawi Supreme Court of Appeal decision in the case of Chawani
v Attorney General MSCA Civil Appeal Number 18 of 2000. The entitlements claimed by the plaintiff
are therefore awarded to the plaintiff namely:-
Gratuity K415,624.67;
Pension K114,296.60;
Arrears
in salary K2, 354,068.06 and
Leave
Grant K22,500.00. This gives a total of
K2,906,489.27. Should any tax fall due
to be deducted on any part of this award such deduction shall be effected in
line with the relevant tax statutes.
Costs on this assessment are for the plaintiff.
Made in
Chambers at Blantyre this
December,2003.