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Malawi Supreme Court of Appeal - 2003 April

2 judgments
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2 judgments
April 2003
Tembo (JZU) & Anor. v Speaker of National Assembly (MSCA Civil Appeal 1 of 2003) [2003] MWSC 2 (27 April 2003)
Speaker is not the proper defendant in judicial review of parliamentary acts; Attorney General is, and injunctions against Government are prohibited.
  • Administrative law — Judicial review of parliamentary decision — Speaker not proper party; Attorney General proper respondent — Civil Procedure (Suits by or against Government) Act requires notice and bars injunctions against Government — procedural defect of wrong party may defeat interlocutory relief — right to review Parliamentary compliance with natural justice
27 April 2003
Jeffrey v Phiri and Another (MSCA Civil Appeal 12 of 2002) [2003] MWSC 6 (16 April 2003)
Seizure and freezing orders under CPA s32(5) are civil preservatory measures; ex parte relief is permissible with later inter partes safeguards.
  • Corrupt Practices Act s32(5) — seizure and freezing orders; civil ex parte applications; duty of full and frank disclosure; preservation of assets pending trial; property rights and constitutional limitation; tracing/segregation of assets; unclean hands; no statutory receivership under CPA.
16 April 2003