The respondents were arrested by the Police after an employee of the appellant had
reported a case of attempted theft of a water pump at one of the appellant’s estates known
as Kakoma 1. The respondents were tried for the offence in the Principal Resident
Magistrate’s Court at Lilongwe and were acquitted on a submission of no case to answer.
They then instituted civil proceedings in the Court below for damages for false
imprisonment, slander and malicious prosecution. They also claimed special damages.
They succeeded on the claims for false imprisonment and slander and also on the claim
for special damages. In respect of the claim for false imprisonment, the Court awarded
aggravated damages. Being dissatisfied with that decision, the appellant appealed to this
Court.
Several matters arise for determination in this appeal. The first concerns whether the
proferred evidence supported the pleadings and findings on the claim for false
imprisonment. Paragraph 4 of the statement of claim is directly relevant on this aspect of
the case. The paragraph provides:
“On or about the 11th November, 1990 the said Mr Chisambo, acting in the course of his
employment, wrongfully directed and procured the Police Officer to arrest the plaintiffs
and take them into custody on a charge then made by the defendant’s employee that the
plaintiffs had stolen the defendant’s water pump from the said Kakoma 1 Estate.â€