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Lilongwe District Registry- Civil Division - 2023 January

2 judgments
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2 judgments
January 2023
Mwenitete v Jere (Civil Cause number 1702 of 2021) [2023] MWHCCiv 19 (27 January 2023)
Application for stay under Order 28 r48 was procedurally incompetent absent an existing enforcement order; applicant given leave to refile.
  • Civil procedure — Stay of execution pending appeal — Order 28 rule 48 requires an existing enforcement order — prerequisites for stay: serious issue, inadequate damages, status quo, relative strength of case — procedural competence.
27 January 2023
S (on application of Martin Ligomeka) v Officer In-Charge of Lilongwe Police Station (Judicial Review Cause 45 of 2022) [2023] MWHCCiv 17 (18 January 2023)
Permission to seek judicial review denied where applicant failed to establish an arguable case or show ownership of impounded timber.
  • Administrative law — Judicial review — Leave to apply for judicial review — Applicant must show an arguable case; insufficient, inconsistent documentary evidence; section 42(2)(b) inapplicable where applicant was not arrested.
18 January 2023