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Principal Registry - 2023 February

4 judgments
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4 judgments
February 2023
S( On the application of Nation Publications Ltd) v Malawi Revenue Authority (Revenue Cause 7 of 2019) [2023] MWHC 36 (21 February 2023)
Continuation of an interim injunction pending judicial review of alleged unlawful and abusive tax enforcement by the revenue authority.
  • Judicial review — tax enforcement — interim injunction — serious question to be tried — adequacy of damages — balance of convenience — unclean hands — status quo ante.
21 February 2023
S(On the application of Malawi Law Society) v Prosecutor Levison Mangani, SACP, Chief Resident Magistrate (Lilongwe) and Secretary to the President and Cabinet (Judicial Review Case 6 of 2023) [2023] MWHC 35 (8 February 2023)
A statutory Law Society may seek judicial review of public‑law decisions affecting the Anti‑Corruption Bureau; review is not barred by section 61 Courts Act.
  • Judicial review — jurisdiction to review magistrates' decisions — section 61 Courts Act distinction between suits and judicial review — locus standi of statutory Law Society to protect public interest — alternative remedies and exhaustion — interdiction as public law vs. private employment matter — ex parte stay applications and urgency.
8 February 2023
Southern Bottlers Ltd v The Commissioner General of the Malawi Malawi Revenue Authority (Judicial Review 8 of 2022) [2023] MWHC 38 (6 February 2023)
Claimant failed to exhaust the statutory appeal under section 121 and missed the three-month filing deadline, so judicial review was dismissed.
  • Administrative law — Judicial review barred where alternative remedy available under s121 Customs and Excise Act; Special Referee’s jurisdiction covers disputes as to amount of duty (including formula issues) — Requirement to exhaust statutory appeal — Time limit for judicial review (3 months) — Post-decision discussions do not extend limitation period.
6 February 2023
Katuma v HTD Limited (Commercial Cause 316 of 2019) [2023] MWHC 110 (1 February 2023)
Stay of execution denied where applicant failed to prove respondent’s impecuniosity and appeal prospects were not decisive.
  • Civil procedure — Stay of execution pending appeal — Discretionary relief — Prospects of success on appeal not decisive — Applicant must prove respondent’s impecuniosity — Balance of injustice test.
1 February 2023