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Lilongwe Registry-commercial division - 2024

4 judgments
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4 judgments
November 2024
Puma Fuels Ltd Attorney General & Ministry of Finance & Economic Affairs v Total MW Ltd & Total Ltd (259 of 2019) [2024] MWCommC 5 (26 November 2024)
Whether a High Court may lift a stay after arbitration termination and grant leave to appeal with a stay pending appeal.
  • Arbitration law — lifting stay of proceedings after arbitration termination — leave to appeal against interlocutory Ruling — stay pending appeal; procedural compliance with leave-to-appeal rules; commercial efficacy and overriding objective.
26 November 2024
July 2024
Diab Diary Farming Limited v Chiotha t/a Innobuild Limited (Commercial Case 6 of 2023) [2024] MWCommC 4 (5 July 2024)
Court held statute (Insolvency Act) prevails over CPR; receiver appointment required notice, so enforcement suspended.
  • Appointment of receiver — Order 28 r.29 & r.30 CPR — s.78(1) Insolvency Act — conflict between statute and subsidiary rules — requirement of notice to company — service of statutory demand — procedural compliance with sworn statements — s.79 notification by receiver.
5 July 2024
June 2024
African Prime Investment Limited v Rab Processors and 3 Others (Confirmation Case 188 of 2018) [2024] MWCommC 3 (19 June 2024)
A late application for security for costs was dismissed where claimant rebutted jurisdictional and asset concerns and delay made the order oppressive.
  • Security for costs — Order 32 CPR — residence and central management — assets and enforceability of costs — delay in bringing application — prospects of success — oppressive/stifling effect.
19 June 2024
January 2024
Republic v Mwanamvekha, Kabambe & Mathanga (Criminal Case 19 of 2023) [2024] MWCommC 1 (9 January 2024)
Court discharged the 1st accused under section 247 CP & EC after the State conceded it had no evidence and could not proceed.
  • Criminal law — discharge of accused under section 247 CP & EC where prosecutor unable or unwilling to proceed — inapplicability of section 270 at substantive High Court trial — discontinuance power of DPP under section 77/section 99 — protection against prosecution without credible evidence.
9 January 2024