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Malawi Supreme Court of Appeal - 2022 November

2 judgments
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2 judgments
November 2022
Malawi Law Society v Registrar of Financial Institution s and Insurance Association of Malawi (MSCA Civil Appeal 9 of 2021) [2022] MWSC 12 (10 November 2022)
Court refused to re-enter an appeal dismissed for non-attendance, finding no jurisdiction or sufficient cause.
  • Civil procedure — non-appearance — Order III rule 21(2) (re-entry applies to struck out appeals only) — insufficient cause for non-attendance — inherent jurisdiction — functus officio — delay and prejudice.
10 November 2022
Malawi Law Society v Registrar of Financial Institutions (Civil Appeal 9 of 2021) [2022] MWSC 22 (10 November 2022)
Application to re-enter an appeal dismissed for non-attendance refused: court lacked jurisdiction, dismissal rendered it functus officio, and appellant showed undue delay.
  • Civil procedure — Appeal dismissed for non-appearance — Order III r.21(2) permits re-entry for struck-out appeals but not dismissed appeals; inherent jurisdiction limited; dismissal renders court functus officio; insufficient cause where counsel’s explanation is inconsistent; prior delay and lack of diligence relevant to discretion.
10 November 2022