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Principal Registry - 2003

3 judgments

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3 judgments

Citation	Judgment date
October 2003
Vitsitsi v Vitsitsi (MSCA Civil Cause 4 of 2002) [2003] MWSC 8 (7 October 2003) Ex parte injunctions require full, frank disclosure; misrepresentation disentitles applicant to stay of discharge. Civil procedure — Ex parte injunctions — Duty of full and frank disclosure — Misrepresentation of alternative accommodation — Stay of discharge governed by ex parte principles, not Marriage Act or Married Women’s Property Act.	7 October 2003
August 2003
Anti Corruption Bureau v Chinkhadze and Another (MSCA Civil Appeal 1A of 2003) [2003] MWSC 7 (20 August 2003) Whether a government bureau lacking legal personality can be sued and the correct procedure to challenge restriction notices. Constitutional/administrative law – statutory bodies – legal personality – Anti‑Corruption Bureau lacks capacity to sue or be sued; suits should be against Attorney General or Director; procedure under s.23(5)-(6) – Notice of Motion appropriate; natural justice – notice given; costs against non‑suable body untenable.	20 August 2003
April 2003
Jeffrey v Phiri and Another (MSCA Civil Appeal 12 of 2002) [2003] MWSC 6 (16 April 2003) Seizure and freezing orders under CPA s32(5) are civil preservatory measures; ex parte relief is permissible with later inter partes safeguards. Corrupt Practices Act s32(5) — seizure and freezing orders; civil ex parte applications; duty of full and frank disclosure; preservation of assets pending trial; property rights and constitutional limitation; tracing/segregation of assets; unclean hands; no statutory receivership under CPA.	16 April 2003

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