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Citation
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Judgment date
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| July 2023 |
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An applicant's request to release tax‑seized stock pending litigation was dismissed for procedural defects and unstated legal basis.
Tax law — seizure of goods — interim injunction to release impounded stock pending litigation; Civil procedure — competency of proceedings in appellate courts — requirement to state legal basis for relief; Procedural irregularity — standalone application in appellate court.
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26 July 2023 |
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Whether an interim injunction should release impounded stock pending tax proceedings to prevent irreparable business harm.
Interim relief – Injunction pending tax proceedings – Release of goods impounded by revenue authority – Irreparable harm and adequacy of damages – Balance of convenience and public interest.
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26 July 2023 |
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Appeal dismissed: 20 April 2016 letter was a binding contract, debt discharged by MK16,304,708.82, respondent entitled to interest.
Contract — variation of existing loan agreement by letter — formation, offer, acceptance and consideration — discharge of debt by payment of shortfall; Civil procedure — compliance with Order III grounds of appeal; Interest on judgment — pleadings, statutory rate and assessment by Registrar.
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18 July 2023 |
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Stay of execution refused where applicants failed to show respondent’s inability to repay or irreparable harm.
Stay of execution pending appeal — tests: serious issue to be tried, irreparable harm, balance of convenience/justice — impecuniosity evidence required — criminal prosecution allegations speculative and irrelevant to civil stay.
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18 July 2023 |
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Court continued ex parte stay pending appeal, granted leave to appeal, and ordered procedural steps and exclusion of later punitive orders.
Civil procedure – stay of execution pending appeal – jurisdiction under Order 1 Rule 18 – inherent jurisdiction – test for stay: justice, expediency, risk of appeal being rendered nugatory, balance of convenience – leave to appeal granted – exclusion of later punitive orders from record of appeal.
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14 July 2023 |
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Court sustained stay pending appeal, granted leave to appeal, and ordered timelines while excluding un-heard punitive orders from the record.
Civil procedure — Stay of execution pending appeal — Discretionary equitable remedy — Tests: serious issue, irreparable harm, balance of convenience/justice — Jurisdiction under Order 1 Rule 18 and inherent jurisdiction — Leave to appeal and exclusion of unhearing punitive orders from record.
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14 July 2023 |
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Court continued stay pending appeal, granted leave to appeal, and excluded un-heard post-judgment punitive orders from the record.
Civil procedure — Stay of execution pending appeal — Jurisdiction of appellate single judge to entertain stay before lower court final determination — Test for stay: serious issue, irreparable harm, balance of convenience/justice — Leave to appeal — Exclusion of post-judgment punitive orders from record where parties were not heard.
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14 July 2023 |
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Supreme Court dismissed stay, leave to appeal and extension applications for procedural non-compliance and premature filing.
:[
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10 July 2023 |
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Supreme Court dismissed stay and out‑of‑time leave applications for failure to comply with High Court‑first procedural requirements.
Civil procedure – interlocutory orders – stay of execution pending appeal – requirement to first seek relief in High Court (Order I r.18) – incompetence of affidavit evidence – leave to appeal out of time and extension of notice period – procedural non‑compliance fatal.
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10 July 2023 |
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The SCA refused ex parte relief, holding the High Court's order for an inter partes hearing was proper case management.
Immigration — Deportation v valid residence permit; Judicial review — leave to move and interim injunctions; Civil procedure — ex parte v inter partes hearings; Case management — wide discretion under CPR; Appellate review — interference only if legal error or clearly wrong.
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4 July 2023 |
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Applicant must first have High Court determine judicial review and injunction; appellate interference with case-management orders is unwarranted.
Immigration and deportation — Judicial review — Leave to apply and interim injunctions — Ex parte relief exceptional — Case-management discretion under CPR — Appellate restraint on interfering with lower court's exercise of discretion.
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4 July 2023 |