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Malawi Supreme Court of Appeal - 2001 October

3 judgments
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3 judgments
October 2001
Tembo v Chakuamba (MSCA Civil Cause 30 of 2001) [2001] MWSC 8 (31 October 2001)
Stay granted pending appeal after High Court misapplied American Cyanamid principles and considered irrelevant factors.
  • Interlocutory injunctions — American Cyanamid principles — good arguable case, serious question, balance of convenience — stay of execution pending appeal — prohibition on deciding contentious issues on affidavits — irrelevant considerations (judiciary/legislature conflict) — irreparable harm — costs in the cause.
31 October 2001
Tembo (JZU) v Chakuamba (MSCA Civil Cause 230 of 2001) [2001] MWSC 6 (30 October 2001)
A stay was granted pending appeal after the High Court misapplied Cyanamid principles and failed to exercise proper discretion.
  • Civil procedure — Stay of execution pending appeal — Interlocutory injunction — American Cyanamid principles — Balance of convenience vs 'balance of justice' — Court must not decide claims on affidavits — Improper consideration of irrelevant factors — Failure to exercise judicial discretion
30 October 2001
R v Bokhobokho & Anor. (MSCA Criminal Appeal 10 of 2000) [2001] MWSC 5 (17 October 2001)
Whether retracted confessions and circumstantial evidence could sustain convictions and whether a confession can be used against co-accused without adoption.
  • Criminal law — s.176 CP&EC — retracted confessions admissible but only weightable if tribunal satisfied beyond reasonable doubt of material truth; need for external pointers/corroboration; confessions against co-accused inadmissible unless adopted by that co-accused; sufficiency of circumstantial evidence and duty of judge to direct jury
17 October 2001