High Court of Malawi Civil Division - 2020 March

5 judgments
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Results. 5 judgments found.

5 judgments
March 2020
24 March 2020
Court taxed party-and-party costs in a personal injury tort claim at K2,588,504.98.
  • Civil Procedure — Assessment of Costs — Taxation of party-and-party bill — Reasonableness and particularisation of time and fees — Courts (High Court) (Civil Procedure) Rules 2017 Order 31
  • Tort — Personal Injury — Costs assessment after default judgment — Hourly rates, instruction fees and disbursements
16 March 2020
Misheading of a notice of appeal is curable; the Labour Relations Act’s 30-day appeal period to the Industrial Relations Court prevails over the Subordinate Courts Rules.
  • Civil procedure — appeals from Industrial Relations Court — validity of notice of appeal — defective heading — curable error; Time limits for filing notice of appeal — specific statutory provision (Labour Relations Act s65(2), 30 days) prevails over general Subordinate Courts Rules (Order 33, 14 days); Form requirements — purpose and curing of clerical defects; Preliminary objections — when to be upheld.
11 March 2020
5 March 2020
Whether a judgment made in chambers required leave to appeal and whether a stay order effectively granted that leave.
  • Civil procedure — Appeal from judgment made in chambers — Requirement for leave under Supreme Court of Appeal Act — Validity of notice of appeal filed before grant of leave — Effect of stay order as de facto grant of leave; Order III r3(2); s23 SCA Act; procedural time limits.
5 March 2020