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1 judgment
April 2009
Minister of Finance v Secretary to the Treasury Exparte Mhango and Others (MSCA Civil Appeal 17 of 2009) [2009] MWSC 41 (30 April 2009)
A stay pending appeal requires clear evidence that judgment repayment is impossible; government financial strain alone is insufficient.
  • Civil procedure — Stay of execution pending appeal — Applicant must show good reason, typically a real prospect that judgment money will be irrecoverable — Bare assertions of debtor insolvency or governmental revenue shortfalls insufficient — Budgeted payments and loans do not, without evidence, justify depriving successful litigant of judgment funds.
30 April 2009