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High Court of Malawi Civil Division - 2024 September

4 judgments
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4 judgments
September 2024
Chirwa & 21 Others v The Attorney General (Miscellaneous Civil Application 46 of 2024) [2024] MWHCCiv 24 (30 September 2024)
Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
  • Civil procedure — leave to appeal out of time — enlargement of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay.
30 September 2024
Chirwa v The Attorney General (Miscellaneous Civil Application 46 of 2024) [2024] MWHCCiv 23 (30 September 2024)
Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
  • Civil procedure — enlargement of time for appeal — leave to appeal out of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay — discretionary relief (NBS Bank Ltd v R.J. Hamdani)
30 September 2024
State (on the Application of Kazembe t/a Mackenzie and Patricks Associates) v Malawi Law Society (Judicial Review Cause 21 of 2024) [2024] MWHCCiv 8 (30 September 2024)
Application for permission to judicially review a disciplinary recommendation was dismissed as statute-barred under the Act.
  • Judicial review — statutory limitation under section 96(3) LELPA — 30-day period mandatory and not extendable — permission refused as statute-barred; interim stay/injunction not granted as application dismissed.
30 September 2024
Banda v Blantyre Baptist Holdings Limited (Land Cause 121 of 2016) [2024] MWHCCiv 7 (19 September 2024)
An assessment of damages is part of the High Court's judgment and cannot be reheard by the same court; appeal and stay are the proper remedies.
  • Civil procedure — assessment of damages — assessment by Registrar forms part of judgment — assessment cannot be reheard by same High Court — remedy is appeal (stay pending appeal), not rehearing; Order 2 r 3(f), Order 10 r 1; Order 31 r 17 limited to costs review; Third Party Debt proceedings.
19 September 2024