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High Court of Malawi Revenue Division - 2018

2 judgments
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2 judgments
September 2018
The Registered Trustee of UNC Project v Malawi Revenue Authority (Miscellaneous Civil Application 27 of 2015) [2018] MWHCRev 1 (13 September 2018)
Applicant granted leave to appeal but stay pending appeal denied due to lack of evidence and absence of cause of action.
  • Civil procedure — Leave to appeal — Stay pending appeal — Balancing successful litigant’s right to enforcement against appellant’s right of appeal — Requirement of evidence that enforcement would render restitution impossible — Absence of cause of action as factor against stay.
13 September 2018
May 2018
State and 2 others v Kalua (Judicial Review Cause 24 of 2017) [2018] MWHCRev 2 (22 May 2018)
Court refused to halt vehicle investigations absent evidence of malice or illegality, vacated interim stay and awarded damages.
  • Judicial review — Investigative and prosecutorial discretion — Search warrants and customs investigations — Reasonable suspicion required — No interference absent illegality, mala fides or exceptional circumstances — Interim stay vacated; damages for wrongful interim order.
22 May 2018