The appellant brought an action against the respondent claiming the sum of K15,000 the
value of his motor cycle, general damages for malicious prosecution, exemplary damages
for false imprisonment and costs for the action.
The judge in the Court below found in favour of the appellant on all his claims but
decided that he could not award damages because the matter fell within the jurisdiction of
the National Compensation Tribunal under Section 138 (1) of the Constitution. The
appellant appeals against this finding.
The plaintiff was employed as a Court Clerk and was stationed at Balaka Magistrate’s
Court. He was under the direct supervision of the then learned Resident Magistrate, His
Worship Chinangwa. The events complained of occurred in May 1989. The plaintiff was
in custody of the sum of K589.00 which was money deposited to be used as an exhibit in
a criminal trial. An amount of K200 out of the K589.00 was in dispute and there was
need for the prosecutor to find out certain facts relating to that amount. For that reason
the magistrate instructed the plaintiff not to bring the disputed amount on charge, but
instead to keep the money in two separate envelopes until the matter was clarified.
Accordingly the plaintiff did not bring the amount on charge but merely kept it in the
exhibit room in two separate envelopes, one containing K370 and another K219.
Meanwhile, before the magistrate delivered his judgment and even before the disputed
amount was tendered in evidence, Mr. Manong’a an internal auditor in the Judicial
Department called at Balaka Magistrate’s Court to carry out an audit inspection