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Malawi Supreme Court of Appeal - 2023 October

3 judgments
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3 judgments
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Judgment date
October 2023
Finsbury Investment Limited v Registrar of Financial Institutions (MISC Civil Application 43 of 2023) [2023] MWSC 39 (23 October 2023)
Application for leave to seek judicial review dismissed for inordinate delay and lack of arguable legal interest.
Judicial review – leave to apply – extension of time – inordinate delay – locus standi/legal interest – alternative remedies under Financial Services Act – procedural fairness and merits of administrative decision.
 23 October 2023
Malinda and 55 Others v Carlsberg Malawi Limited (MSCA Civil Appeal 4 of 2023) [2023] MWSC 25 (23 October 2023)
Security-for-costs order in a labour appeal set aside because section 72 bars costs and such security would be futile.
Labour law – costs – section 72 Labour Relations Act proscribing costs in Industrial Relations Court and on appeal – security for costs – Supreme Court discretion under section 22 of the Supreme Court of Appeal Act and Rules – ex parte security-for-costs order set aside as futile.
 23 October 2023
William v The Republic (MISC Criminal Application 8 of 2023) [2023] MWSC 47 (19 October 2023)
Bail pending appeal denied—no exceptional circumstances and court declined to resolve appeal merits at bail stage.
Criminal law – Bail pending appeal – s24(1) Supreme Court of Appeal Act – discretionary power; exceptional circumstances required – appellate court should not decide merits at bail stage – defilement conviction; sufficiency and consistency of trial evidence.
 19 October 2023