Malawi Supreme Court of Appeal - 2023 June

4 judgments

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4 judgments
Citation
Judgment date
June 2023
9 June 2023
A stay pending appeal was refused because applicants delayed prosecution despite raising serious appellate issues.
Criminal procedure — Stay of proceedings pending appeal — Discretion to grant stay — Delay in prosecuting appeal — Judge's refusal to hear matter de novo after transfer — Jurisdictional challenge.
9 June 2023
The SCA lacks jurisdiction to hear a direct appeal from an Assistant Registrar’s interlocutory order; such appeals lie first to a High Court Judge.
Civil Procedure – Jurisdiction of the Supreme Court of Appeal – Appeals from Registrar/Assistant Registrar decisions – Interlocutory orders – Order 25 CPR – Section 21 Supreme Court of Appeal Act – Appeal to Judge in chambers before SCA – Assessment of costs/insurance policy limits (merits not decided).
8 June 2023
Permission for judicial review of arrest/prosecution granted; interim suspension denied; confiscated passport ordered returned.
Judicial review – reviewability of decisions to arrest and prosecute – permission to apply for review; interim relief; abuse of prosecutorial discretion; procedural error in lower court.
8 June 2023