Skip to document content Skip to main menu Skip to search

Malawi Supreme Court of Appeal - 2023 December

3 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
3 judgments
December 2023
Chalimba t/a Krisken General Suppliers v Standard Bank PLC (MISC Civil Application 50 of 2022) [2023] MWSC 28 (22 December 2023)
SCA application dismissed for lack of jurisdiction and for failing to first pursue the required Court below proceedings.
  • Supreme Court of Appeal jurisdiction — Section 7 SCA Act — Order 1 Rule 18 SCA Rules — requirement to apply first to Court below — disguised appeal — inherent jurisdiction not a substitute for procedural compliance.
22 December 2023
Democratic Progressive Party v Nankhumwa and 3 others (MSCA Miscellaneous Civil Application 60 of 2023) [2023] MWSC 33 (13 December 2023)
Single-member court refused an ex parte stay where the lower court had not refused and the affidavit lacked disclosure.
  • Civil procedure — Order 1 r18 — application must first be made to court below; adjournment ≠ refusal; ex parte applications — duty of full disclosure; inadmissible hearsay; powers of single member under section 7 of the Supreme Court of Appeal Act.
13 December 2023
State on application of Alliance One Tobacco Malawi Limited v The Commissioner General of Malawi Revenue Authority (Miscellaneous Civil Application 54 of 2023) [2023] MWSC 27 (12 December 2023)
Refusal of leave for judicial review is not appealable; a stay pending appeal requires the correct enabling provisions and procedure.
  • Civil procedure — Stay pending appeal — Enabling provisions — Section 7 Supreme Court of Appeal Act — Order I r18 SCA Rules — Part 52.16 CPR — Refusal of leave for judicial review not appealable; remedy is to reapply to a single member — Stay against enforcement requires Part 54.12/Order 19 r20.
12 December 2023