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Malawi Supreme Court of Appeal - 2024 April

2 judgments
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2 judgments
April 2024
CFAO Motors Limited v NBS Bank plc (MSCA Civil Application 21 of 2023) [2024] MWSC 8 (12 April 2024)
A stay pending appeal requires a competent notice of appeal and leave to amend grounds; absent these, stay is denied.
  • Civil procedure — Stay of execution pending appeal — Competent notice of appeal required — Grounds of appeal cannot be amended without leave — Order I r18 SCAR is not the enabling provision for stay — Arguability and risk of nugatory appeal test.
12 April 2024
Libertas General Insurance Company Limited v Puffs (MSCA Miscellaneous Civil Application 62 of 2023) [2024] MWSC 9 (10 April 2024)
An inchoate judgment is not appealable, so a stay pending appeal was dismissed; the preliminary objection was procedurally defective.
  • Civil procedure — Preliminary objections — procedural compliance and minimum notice; Inchoate judgments — part of relief reserved for later assessment; Appealability — inchoate judgments not appealable; Stay of execution pending appeal — incompetent when judgment is inchoate.
10 April 2024