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High Court of Malawi Commercial Division - 2020

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1 judgment
November 2020
NBS Bank PLC v NICO General Insurance Company Limited (Commercial Cause 362 of 2018) [2020] MWCommC 1 (30 November 2020)
A defendant seeking a stay must show real risk of serious prejudice; mere concurrent criminal proceedings do not justify a stay.
  • Civil procedure — stay of civil proceedings pending related criminal trial — applicant must show real risk of serious prejudice causing injustice; mere factual overlap insufficient; defendant not party to criminal proceedings cannot claim such prejudice; differing standards of proof between criminal and civil proceedings relevant.
30 November 2020