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Malawi Supreme Court of Appeal - 2021 December

3 judgments
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3 judgments
December 2021
Norman Paulosi Chisale v Republic (Confirmation Criminal Case 16 of 2021; Criminal Case 949 of 2020; MSCA Miscellaneous Criminal Appeal 5 of 2021) [2021] MWSC 6 (17 December 2021)
Whether High Court reviews under the Courts Act are appealable and if closed prosecutions may be reopened to take fresh pleas.
  • Criminal procedure
    • — Review and appeal — High Court review under Courts Act ss 25 & 26 — Appealability by cross‑reference to Part XIII CP&EC
    • — Amendment of charges and pleas — Whether failure to administer fresh pleas after amendment and post‑closure reopening of prosecution’s case is curable under s 3 CP&EC
17 December 2021
Airtel Malawi PLC v Competition for Fair Trading Commission (MSCA Civil Appeal 57 of 2021) [2021] MWSC 19 (10 December 2021)
Application for stay pending appeal refused; applicant failed to prove that refusal would cause injustice; fine’s size alone insufficient.
  • Civil procedure — stay of execution pending appeal — discretionary remedy — burden on applicant to show on balance of probabilities that refusal causes injustice; size of fine alone insufficient; courts will not grant stay to obtain gratuitous procedural guidance.
10 December 2021
Liphava & Others v Mbaula & Prime Insurance Company Limited (Civil Appeal 40 of 2019; Personal Injury Cause 848 of 2013) [2021] MWSC 9 (2 December 2021)
A Registrar must refer contentious, appeal‑likely applications to the assigned judge; an Assistant Registrar’s decision made without referral was void and appeal was incompetent.
  • Civil procedure — competency of appeal — appeals under section 21 of Supreme Court of Appeal Act lie from High Court or judge, not Registrar — Order 25 CPR: Registrar’s powers subject to judge’s direction and referral — Registrar must refer contentious or appeal‑likely matters to assigned judge — determination by Registrar without referral may be without jurisdiction.
2 December 2021