Malawi Supreme Court of Appeal - 2022 December

3 judgments

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3 judgments
Citation
Judgment date
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
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
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