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Malawi Supreme Court of Appeal - 2022 January

3 judgments
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3 judgments
January 2022
S (on the Application of Malawi Revenue Authority) v Chairperson of Industrial Relations Court and Another (Miscellaneous Case 56 of 2021) [2022] MWSC 30 (31 January 2022)
Whether judicial review is the proper route to challenge an IRC judicial order and whether an appellate court may restore interim relief.
  • Judicial review v. judicial decisions; subordinate courts — appeals, review and supervision; s61 Courts Act — judicial immunity absent bad faith; interim relief — balance of convenience and security; appellate jurisdiction to entertain fresh applications.
31 January 2022
S (On the application of the Malawi Revenue Authority) v Chairperson of the Industrial Relations Court (Judicial Review 52 of 2021; Misc. Cause 56 of 2021) [2022] MWSC 2 (31 January 2022)
Court reinstated IRC interim stay of dismissal, holding judicial review inappropriate for judicial decisions and ordering security.
  • Judicial review v appeals — appropriateness of reviewing judicial decisions; Courts Act s.61 — judicial immunity absent bad faith; interim reliefs and discretionary review; balance of convenience and security for interim relief; case management and duplication of proceedings.
31 January 2022
The State (On the Application of the Malawi Revenue Authority) v the Chairperson of the Industrial Relations Court and Roza Mbilizi (JUDICIAL REVIEW CAUSE NUMBER 52 OF 2021, HIGH COURT OF MALAWI, PRINCIPAL REGISTRY; MSCA CASE NUMBER 56 OF 2021) [2022] MWSC 32 (31 January 2022)
Appellate court reinstated IRC interim stay, finding High Court misapplied discretion and limiting judicial review of judicial decisions.
  • Civil procedure
    • — Judicial review — Review of judicial decisions of subordinate courts and effect of Courts Act s 61 immunity
    • — Interim relief — Discretion, balance of convenience and when a stay should be granted or vacated
    • — Jurisdiction — Appellate court entertaining fresh applications to challenge interim relief where High Court has granted or refused leave
31 January 2022