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Malawi Supreme Court of Appeal - 2022 September

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1 judgment
September 2022
Puma Energy Limited v Simama (MISC Civil Application 74 of 2019) [2022] MWSC 9 (26 September 2022)
Court allowed amendment of grounds and limited fresh documentary evidence alleging perceived judicial bias, distinguishing bias from misconduct.
  • Civil procedure — Leave to amend Notice and Grounds of Appeal — Court’s discretion to allow amendments at any stage — Fresh evidence on appeal — admissibility test (reasonable diligence and materiality) — Single-member jurisdiction to hear procedural leave applications — Allegations of perceived bias distinct from judicial misconduct — Judicial Service Commission not sole forum for appellate consideration of bias-related grounds.
26 September 2022