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Malawi Supreme Court of Appeal - 2010 April

3 judgments
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3 judgments
April 2010
Deputy Governor of Reserve Bank of Malawi v CLC Forex Bureau and Ors. (11 of 2010) [2010] MWSC 10 (28 April 2010)
The applicant’s request for a stay pending appeal was refused for lack of compelling reasons; High Court orders compel lawful reconsideration, not automatic licence renewal.
  • Civil procedure — Stay of execution — Exceptional relief requiring compelling reasons to prevent irreparable harm; Administrative law — Judicial review — Quashing of licence refusals for Wednesbury unreasonableness; Remedy — Orders requiring lawful reconsideration, not automatic licence renewals.
28 April 2010
Ng`ambi v Director of Anti-Corruption Bureau (7 of 2009) [2010] MWSC 8 (26 April 2010)
Restriction and seizure under anti-corruption law may be justified to preserve assets, but authorities must prosecute promptly.
  • Corrupt Practices Act s.23 — Restriction notices and renewals; s.23A seizure orders; evidential burden on applicant to show lawful acquisition; protective purpose of restraint and seizure; constitutional protection against arbitrary deprivation; duty to prosecute expeditiously.
26 April 2010
NBS Bank v Hamdani (41 of 2009) [2010] MWSC 1 (25 April 2010)
A 13‑month delay in filing notice of appeal is inordinate; stay of execution cannot be granted absent a pending appeal.
  • Civil procedure — extension/enlargement of time to appeal — Order III rule 4 — must show good and substantial reasons and prima facie grounds; inordinate delay (13 months) fatal. Civil procedure — stay of execution — requires an appeal pending; stay improper where leave to appeal out of time has been refused
  • Property — bona fide purchaser and non‑dissipation — freezing/seizure unjustified
25 April 2010