Malawi Supreme Court of Appeal - 2016 September

4 judgments

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4 judgments
Citation
Judgment date
September 2016
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.
18 September 2016
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.
6 September 2016
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.
6 September 2016
1 September 2016