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Malawi Supreme Court of Appeal - 2023 March

4 judgments
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4 judgments
March 2023
Registrar of Financial Institutions v Mpinganjira and 5 Others (MISC Civil Appeal 4 of 2023) [2023] MWSC 13 (28 March 2023)
Court vacated stay pending appeal, finding appellant failed to show appeal would be rendered nugatory and balance of justice favoured respondents.
  • Civil procedure — stay pending appeal — discretionary power of appellate court — tests: serious issue, irreparable harm, balance of convenience; jurisdiction of High Court vs. statutory tribunal; alleged illegality, irregularity and excess of jurisdiction; costs.
28 March 2023
Msosa and Others v FDH Bank Limited (Miscellaneous Civil Application 7 of 2023) [2023] MWSC 5 (8 March 2023)
Applicants granted seven‑day enlargement to appeal after registry failures and missing leave order justified extension.
  • Civil procedure — Extension of time to appeal — Order III r 4 Supreme Court of Appeal Rules — Good and substantial reasons — Registry negligence and missing filed documents — Competency vs. final dismissal (functus officio) — Use of eCMS as evidence of mismanagement.
8 March 2023
Msosa & Ors. v FDH Bank Ltd (Miscellaneous Civil Application 7 of 2023) [2023] MWSC 3 (8 March 2023)
Registry failings causing lost filings can justify an enlargement of time to appeal where no final adjudication on the merits occurred.
  • Civil procedure — enlargement of time to appeal — section 23(2) Supreme Court of Appeal Act and Order III r 4 — good and substantial reasons — registry negligence and lost filings — functus officio and abuse of process distinguished — reliance on eCMS records.
8 March 2023
Msosa & Others v FDH Bank Limited (Miscellaneous Civil Application 7 of 2023) [2023] MWSC 23 (8 March 2023)
Court granted seven‑day extension and leave to appeal after accepting registry negligence and prima facie arguable grounds.
  • Civil procedure — enlargement of time to appeal — Order III r 4 and s.23(2) Supreme Court of Appeal Act — good and substantial reasons — registry negligence and lost filings — eCMS evidence — functus officio and abuse of process — distinction between dismissal for want of competence and final decision.
8 March 2023