Malawi Supreme Court of Appeal - 2016 August

3 judgments

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3 judgments
Citation
Judgment date
August 2016
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.
31 August 2016
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
31 August 2016
11 August 2016