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Malawi Supreme Court of Appeal - 2015 July

2 judgments
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2 judgments
July 2015
Mulli Brother Ltd v Malawi Savings Bank Ltd (MSCA Civil Appeal Nos. 48 of 2014) [2015] MWSC 467 (15 July 2015)
Court set aside a single‑judge stay of execution where appellant failed to show special circumstances or realistic prospects of success.
  • Civil Procedure — Stay of Execution — Whether stay pending appeal should be granted where judgment debtor alleges insolvency and contested payments — Balance of convenience, special circumstances, prospects of success
  • Court Powers — Single Member Decisions — Variation or discharge under Section 7(b) Supreme Court of Appeal Act
  • Appeal Procedure — Enforcement pending appeal — Deference to trial court findings after full trial and heavier burden on appellant to obtain stay
15 July 2015
Mulli Brother Ltd v Malawi Savings Bank Ltd (MSCA Civil Appeal No. 48 of 2014) [2015] MWSC 466 (8 July 2015)
A pre-judgment compromise ousts the appeal; the consent order must be entered though triable mortgage issues persist.
  • Civil Procedure — Settlement and Consent Orders — Effect of pre-judgment compromise on appellate jurisdiction and duty to enter consent order
  • Mortgage Law — Power of Sale — Whether mortgagee’s power had become exercisable; duties of good faith and obtaining fair market price
  • Interim Relief — Injunction Pending Appeal — Test for grant where appellant lost at first instance: triable issues, adequacy of damages, and balance of convenience
8 July 2015