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Malawi Supreme Court of Appeal - 2023 June

4 judgments
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4 judgments
June 2023
Mphwiyo & 18 Others v R (MSCA Criminal Application 21 of 2021) [2023] MWSC 12 (9 June 2023)
9 June 2023
Mphwiyo and 18 others v The Republic (MSCA Criminal Application 21 of 2021) [2023] MWSC 46 (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
General Alliance Insurance Company Limited v Jumbe and Kanthalo (Civil Appeal 24 of 2023) [2023] MWSC 17 (8 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
State v Inspector General of Police (MSCA Miscellaneous Civil Application 28 of 2023) [2023] MWSC 45 (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