Results.
25 judgments found.
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| November 2016 |
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Court granted leave and a seven‑day extension to appeal due to delayed judgment delivery and non‑notification.
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Civil Procedure
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Appeals — Enlargement of time to appeal — Good and substantial reasons and prima facie grounds required — Order III r 4, Supreme Court of Appeal Rules
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Leave to appeal out of time — Delay caused by late delivery and non‑notification of judgment — Excusing delay
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Procedural law — Inapplicability of High Court Rules/Rules of Supreme Court to Supreme Court of Appeal — Supreme Court of Appeal Act governs practice
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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.
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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.
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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.
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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.
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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.
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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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Court refused stay pending appeal, finding no special circumstances or risk of non‑repayment.
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Civil Procedure
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Stay of Execution — Application pending appeal — Requirement to show special circumstances and balance of justice
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Adjournment — Judicial discretion in refusal to adjourn assessment hearing — Procedural objection to be determined on appeal
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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.
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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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An out‑of‑court e‑mail admitting a 'factory fault' was admissible and supported judgment on admission against the seller.
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Evidence — admissibility of out-of-address e-mail; confidentiality notice not automatic privilege; judgment on admission — requirement of clear and unequivocal admission; Sale of Goods — implied conditions of fitness for purpose and merchantable quality; Agent liability — seller liable despite disclosed principal; Order 16 discretion to admit relevant evidence
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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.
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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.
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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.
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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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An assessment of damages by the Registrar is appealable to the Supreme Court of Appeal under the RSC (1999) rules.
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Civil Procedure
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Appeals — Assessment of damages by Registrar — Appeal lies to Supreme Court of Appeal under Order 58 Rule 2 (RSC 1999 edition)
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Rules of Court — Applicable procedural regime for appeals — Rules of the Supreme Court (1999 edition) preserved by s.29 Courts Act versus CPR 1998
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21 March 2016 |
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21 March 2016 |