Malawi Supreme Court of Appeal - 2015 October

2 judgments

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2 judgments
Citation
Judgment date
October 2015
Original court must make a formal determination before submitting a constitutional referral to the Chief Justice.
Constitutional referrals — Courts Act s9(2)–(3) — Rule 8(1) Form 3 — original court must determine necessity before referral — Chief Justice’s substantive certification role — protection against abuse of referrals and stays
28 October 2015
Vague, prolix and argumentative grounds of appeal breached Order III r.2, were struck out, and the appeal was dismissed with costs.
Civil procedure — Appeals — Order III r.2(2),(3),(4) SCA Rules — Grounds of appeal must indicate whether errors are of law or fact, be concise and not argumentative — Non‑compliance permits striking out and dismissal; Evidence — burden on claimant to prove commercial losses — reliance on hearsay and absence of primary witnesses undermines claim
20 October 2015