Malawi Supreme Court of Appeal - 2018 May

2 judgments

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2 judgments
Citation
Judgment date
May 2018
Court ordered interim bail after finding nearly two-year unlawful pre-trial detention and State neglect of timely trial obligations.
Constitutional right to personal liberty – pre-trial detention limits – Criminal Procedure and Evidence Code ss.161G–161I – State’s duty to commence trial within reasonable time – unlawful prolonged detention – juvenile treatment – bail pending trial.
30 May 2018
The court refused to stay enforcement pending appeal, finding no irreparable harm or irregular enforcement.
Civil procedure — Stay of execution pending appeal — Requirements for stay: special circumstances, irreparable harm, balance of convenience — Enforcement of possession orders — Sheriff’s execution and Order 28 rule 40 — Discretion of appellate court to respect lower court but to assess risk of injustice.
22 May 2018