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October 2017
Makadia t/a Oracare Dental Clinic v Registered Trustees of Medical Aid Society of Malawi (Civil Cause 645 of 2013) [2017] MWHC 909 (31 October 2017)
A stay pending appeal was granted because enforcement would likely render the appeal nugatory and harm the respondent.
Civil procedure — stay of execution pending appeal — discretion to grant stay where appeal would be rendered nugatory — applicant bears burden to show special circumstances, inability to repay, and balancing of equities.
31 October 2017
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