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Citation
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Judgment date
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| November 2016 |
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Applicant granted leave to appeal out of time and seven‑day extension due to delayed delivery and non‑notification of judgment.
Civil procedure — Leave to appeal and enlargement of time — Section 23(2) Supreme Court of Appeal Act; Order III r.4 Supreme Court of Appeal Rules — good and substantial reasons for delay and prima facie grounds of appeal required; late or non‑notification of judgment can constitute good cause. Procedural hierarchy — Section 8(b) SCA Act bars importing High Court Rules into SCA procedure. Stay of execution — inappropriate where judgment dismissed the case.
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9 November 2016 |
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9 November 2016 |
| October 2016 |
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27 October 2016 |
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A single Justice lacks power to hear appeals or premature interlocutory injunction applications; appeal must be entered and heard by a three‑judge panel.
Appeal procedure – Jurisdiction of single Justice of Supreme Court of Appeal – Section 7 SCA Act – Entry of appeal and record settlement under Order III rules 5–19 (rules 10–11, 19) – Interlocutory injunction pending appeal – Prematurity and abuse of process.
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24 October 2016 |
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10 October 2016 |
| September 2016 |
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Applicant must prove special circumstances or inability to repay to secure a stay of execution pending appeal.
Civil procedure — Stay of execution pending appeal — Assessment of interest — Adjournment discretion of Assistant Registrar — Balance of justice and requirement to show special circumstances or inability to repay — Undertaking to repay.
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18 September 2016 |
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Stay granted pending appeal where execution risked rendering appeal nugatory and procedural basis for rehearing was upheld.
Civil procedure – Stay of execution pending appeal – Order 59 r.13 Rules of Supreme Court (1999) – applicability in Malawi – rehearing after High Court refusal – not an irregular appeal requiring leave – equitable discretion – unclean hands – intestate estate distribution – risk of rendering appeal nugatory.
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6 September 2016 |
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Stay granted where appeal raises substantial issues and execution would render appeal nugatory; Order 59 r.13 held applicable.
Civil procedure — Stay of execution pending appeal — Applicability of Order 59 r.13 (Rules of Supreme Court 1999) in Malawi — Re‑application/rehearing in higher court — Leave to appeal not required — Equitable relief and clean hands — Stay where appeal would be rendered nugatory.
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6 September 2016 |
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1 September 2016 |
| August 2016 |
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Delay and failure to prosecute an appeal, not prior counsel’s ineptitude, defeat a stay of execution pending appeal.
Civil procedure — Stay of execution pending appeal — Delay and failure to prosecute — Four-part test (Anglia Book Distributors) — Prior counsel’s negligence not special circumstance — Costs to successful respondent.
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31 August 2016 |
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A stay of execution was refused where the applicant failed to show special circumstances or inability to repay and the respondent offered an undertaking.
Civil procedure – Stay of execution pending appeal – balancing right to enjoy fruits of judgment versus preventing appeal being rendered nugatory; appeal not automatic stay. Procedural fairness – refusal to adjourn and right to cross‑examination; matters for appellate review. Interest assessment – specificity of award and undertakings to repay relevant to stay applications.
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31 August 2016 |
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11 August 2016 |
| July 2016 |
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26 July 2016 |
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20 July 2016 |
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18 July 2016 |
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11 July 2016 |
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Official bank letters and scanned cheque images may be admissible when tendered by a competent bank officer to show payments despite electronic anomalies.
Evidence — Hearsay — admissibility of official bank correspondence and scanned cheque images; Bankers' Books Evidence Act; competency of bank officer to tender bank records; proof on balance of probabilities where electronic records conflict with other corroborative evidence.
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4 July 2016 |
| June 2016 |
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Whether an e-mail and expert report establish a clear admission supporting judgment for an unmerchantable, unfit vehicle.
Judgment on admission — admissibility of confidential third‑party e‑mail — discretion under Order 16 — privacy and improperly obtained evidence — implied conditions: fitness for purpose and merchantable quality — seller/agent liability — expert report on roadworthiness.
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22 June 2016 |
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19 June 2016 |
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Failure to file skeletons or delayed record alone did not justify dismissal; appellant must file skeletons 14 days after filing notice of appeal.
Practice Direction No.1 of 2010 – paragraph 1(a)(i): appellant must file skeleton arguments within 14 days of filing the notice of appeal; Supreme Court of Appeal Rules – Order 3 (appeal brought by filing notice of appeal; record filing and registry duties); preparation of record – appellant responsible subject to High Court supervision and registrar duties; dismissal for want of prosecution – principles (inordinate/inexcusable delay, prejudice, contumelious default); delay shared among parties and registry – dismissal refused; timetable and costs ordered.
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3 June 2016 |
| May 2016 |
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25 May 2016 |
| April 2016 |
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Employees’ statutory priority on insolvency does not defeat a mortgagee’s proprietary rights over charged property absent winding-up or a subsisting floating charge.
Employment law – s34(3)(d) Employment Act – priority of employee claims on insolvency or winding up – does not trump proprietary rights of mortgagee/chargee over charged property.; Companies Act – debenture/charge – mortgage as debenture; floating charge v fixed charge – crystallisation on demand and appointment of receiver; Registered Land Act s72 – application of sale proceeds of charged property; receivership by chargee distinct from insolvency or winding-up.
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25 April 2016 |
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Prolonged failure to pay purchase price repudiated the sale; registration did not defeat seller's lien or bar repudiation.
Contract for sale of land – existence of contract despite staged completion; time for payment not prima facie of the essence; prolonged non-payment as repudiation; vendor’s lien and overriding interests under Registered Land Act preserved; laches and clean hands bar specific performance.
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25 April 2016 |
| March 2016 |
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Appeal from a Registrar's assessment of damages lies to the Supreme Court of Appeal under Order 58 RSC; strike-out application dismissed.
Civil procedure — Appeal from assessment of damages by Registrar — Order 58(2)(b) RSC (1999) — Applicability of Rules of the Supreme Court versus Civil Procedure Rules — Interpretation of section 29 Courts Act.
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21 March 2016 |
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21 March 2016 |