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Malawi Supreme Court of Appeal - 2014

4 judgments
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4 judgments
September 2014
Mike Appel & Gatto Limited v Saulos Chilima (Commercial Case 14 of 2012; MSCA Civil Appeal 20 of 2013) [2014] MWSC 5 (9 September 2014)
9 September 2014
August 2014
Chalera and 2 Others v R (Civil Appeal 5 of 2012) [2014] MWSC 3 (28 August 2014)
Missing judge’s summing-up in a jury trial rendered convictions unsafe; convictions set aside and surviving appellants released.
  • Criminal procedure — jury trials — importance of judge’s summing-up and directions; Incomplete trial record — missing summing-up may render convictions unsafe; Reconstruction of missing record — impracticable after long delay; Remedy — setting aside conviction and considerations for retrial; Delay in custody — may preclude ordering retrial.
28 August 2014
May 2014
Buluma v Electoral Commission and Another (Miscellaneous Civil Appeal 22 of 2014) [2014] MWSC 4 (13 May 2014)
Failure to seek stay and leave in the lower court precludes Supreme Court jurisdiction; costs ordered against appellant’s counsel.
  • Civil procedure — stay pending appeal — Order 59/13/9 RSC requires stay applications first to the court below; leave to appeal under s.21 Supreme Court of Appeal Act required before Court assumes jurisdiction — urgency and holiday do not justify bypassing prescribed procedure — costs against counsel for procedural misconduct.
13 May 2014
January 2014
Kamwangala v R (Miscellaneous Criminal Appeal 6 of 2013) [2014] MWSC 2 (28 January 2014)
Court ordered immediate release, holding that continued 21‑day detention and disproportionate monetary conditions were unlawful.
  • Bail — interests of justice; unlawful conditional release (granting bail yet ordering continued detention); incomplete investigations insufficient to justify remand; proportionality and clarity of bail conditions; preservation of alleged proceeds via cautions.
28 January 2014