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Malawi Supreme Court of Appeal - 2020 July

4 judgments
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4 judgments
Citation
Judgment date
July 2020
Ecobank Malawi Limited v Makani t/a Makbros (MSCA Civil Appeal 68 of 2018) [2020] MWSC 15 (29 July 2020)
Appellate court found instalment order unsupportable without full disclosure and ordered fresh financial inquiry.
Civil procedure — Payment of judgment debt by instalments — Order 28 r.62 — full, frank and honest disclosure of debtor's means — balancing creditor and debtor interests — appellate review of discretionary orders — trading debt.
 29 July 2020
Eco Bank Mw Ltd v Makani t/a MakBros (Civil Appeal 68 of 2018) [2020] MWSC 14 (29 July 2020)
Court allowed appeal—instalment order set aside for insufficient disclosure and failure to balance creditor’s interest; matter remitted for full financial determination.
Civil procedure – Payment of judgment by instalments – Order 28 rule 62 – Full, frank and honest disclosure of debtor’s means – Balancing creditor and debtor interests – Discovery from non-parties – Appellate interference with discretionary orders.
 29 July 2020
Mthawanji & Ors. v R (MSCA Civil Appeal 10 of 2011) [2020] MWSC 2 (10 July 2020)
Convicted prisoner granted bail pending appeal due to excessive five-year delay; COVID-19 risk insufficient for serious murder sentence.
Criminal procedure – Bail pending appeal – Post-conviction bail requires applicant to show special/exceptional circumstances – Prolonged delay in delivery of appeal judgment as ground for bail – COVID-19 risk not automatically sufficient for serious offences – Conditions: bond, deposits, sureties, surrender of travel documents, reporting and travel restrictions.
 10 July 2020
Nadhi v Anti- Corruption Bureau (MSCA Civil Appeal 7 of 2010) [2020] MWSC 17 (1 July 2020)
A bona fide purchaser’s court‑sanctioned, registered property cannot be seized; seizure varied and rents restored to the appellant.
Corrupt Practices Act – seizure and freezing warrants; Registered Land Act s.25 – protection of proprietor and bona fide purchaser; ex parte applications and disclosure of material facts; ‘‘technical dissipation’’ unsupported; inordinate prosecutorial delay; variation of seizure and restoration of funds.
 1 July 2020