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High Court of Malawi Civil Division
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Lilongwe District Registry- Civil Division - 2026 April
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April 2026
George Kalipinde Dzimvanani and Ors. v International Commercial Bank (First Merchant Bank) (Civil Appeal 79 of 2019; IRC Matter No. 454 of 2013) [2026] MWHCCiv 9 (14 April 2026)
Use of the wrong prescribed notice form nullified the appeal; absence of a memorandum meant no competent appeal existed.
Civil procedure
— Appeals from subordinate court to High Court — Notice of appeal — Prescribed Form 26 mandatory; use of Supreme Court of Appeal form invalidates appeal
— Record of appeal — Memorandum of appeal (grounds) integral to record of appeal; absence means no appeal
— Procedural irregularity — Fundamental defects in prescribed form cannot be cured by inherent jurisdiction or Order 2 relief
14 April 2026
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