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Malawi Supreme Court of Appeal - 2018 April

2 judgments
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2 judgments
April 2018
Kathumba v AGMA Corporation Ltd & Anor. (Civil Appeal Cause 9 of 2016) [2018] MWSC 10 (13 April 2018)
Appellant proved respondent owned/controlled negligently driven bus and succeeds despite lower court's refusal to admit registration evidence.
  • Civil liability — motor vehicle collision — proof of ownership/control of vehicle (registration AXA 11) — production of documents and attendance under Order 38 RSC — admissibility of vehicle registration certificate — negligence and loss of dependency — effect of insurer’s settlement.
13 April 2018
Parliament Service Commission v SJR Catering Services (Commercial Cause 247 of 2017; MSCA Civil Appeal 9 of 2018) [2018] MWSC 6 (13 April 2018)
Whether interlocutory applications belong to the High Court or Supreme Court of Appeal depends on their nature and timing; premature, deliberate breaches are dismissed.
  • Civil procedure — interlocutory applications in appeals — Order I r18 (first bring to Court below) — Order III r19 (Court seized after appeal entered) — premature filing of motions in Supreme Court of Appeal — deliberate non-compliance and refusal to waive under Order V r1.
13 April 2018