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Malawi Supreme Court of Appeal - 2022 December

3 judgments
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3 judgments
December 2022
Mota Engil Engenharia E Construcao (MW) v Omega security Solutions (Pvt) Limited (Civil Appeal 159 of 2013) [2022] MWSC 23 (20 December 2022)
Appeal dismissed for non‑compliant, vague grounds of appeal; procedural rules breach precluded hearing merits.
  • Civil procedure — Appellate practice — Order III, rule 2 — Grounds of appeal must be concise, precise and indicate whether based on law or fact — Vague or argumentative grounds may be struck out
  • Procedure — Non‑compliance with appeal rules constitutes want of due prosecution and may result in dismissal
  • Discretion — Court may waive non‑compliance only in exceptional circumstances and in interests of justice
20 December 2022
Patel and 3 others v Press corporation Limited & 1 other (Civil Appeal 3072 of 2003) [2022] MWSC 24 (14 December 2022)
Whether shareholders’ resolutions cured JVA breaches and minority shareholders’ rights (including dividend distribution) must be protected.
  • Company law — Joint Venture Agreement — equity contributions and subscription mechanics — shareholder/board resolution effect; Corporate governance — protection of minority shareholders; Civil procedure — amendment of pleadings after close of case; Evidence/admissibility — role of independent equity verification reports (PWC) and limits on re‑opening judgments; Companies Act — orders affecting share register and dividends; Remedies — accounting, restitution and restoration of shareholding ratios.
14 December 2022
Inspector General of Police and Attorney General v A.J (a minor) and Ex parte Standford Siliro Shaba on behalf of T.S (a minor) (Misc. Civil Appeal 5 of 2022) [2022] MWSC 6 (2 December 2022)
Proceedings stayed because amici curiae were admitted without mandatory service and hearing of the Attorney General.
  • Constitutional procedure — admission of amici curiae — mandatory service on Attorney General (Order 19 r8) — procedural irregularity; Supreme Court single‑judge jurisdiction (s.7 SCA Act; Order 1 r18); inherent jurisdiction to stay to prevent appeal becoming nugatory.
2 December 2022