Malawi Supreme Court of Appeal - 2008 April

1 judgment

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1 judgment
Citation
Judgment date
April 2008
A stay will be refused unless the applicant proves the judgment debt would be irrecoverable; purchaser liable after sale.
Stay of execution — test for grant: good reason required; applicant must show judgment debt would be irrecoverable — courts avoid depriving successful litigant — sale as going concern transfers assets and liabilities — purchaser liable for judgment debt — refusal to stay pending appeal.
15 April 2008