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Principal Registry - 2017 April

3 judgments
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3 judgments
April 2017
Maneto and 31 Others v Registered Trustees of Mchinji Catholic Church (MSCA Civil Appeal 3 of 2017) [2017] MWSC 7 (24 April 2017)
Supreme Court dismissed stay application as an abuse of process amid overlapping interlocutory proceedings and ordered each party to bear own costs.
  • Civil procedure — Stay of execution pending appeal — Abuse of court process where multiple overlapping interlocutory applications pursued — Applicants must elect appropriate procedural route — Costs: each party to bear own.
24 April 2017
Mapeto (DWSM) Limited v Malawi Revenue Authourity (MSCA Civil Appeal 54 of 2014) [2017] MWSC 13 (24 April 2017)
Applicant must exhaust tax-law remedies; no stay granted where Commissioner General had already determined the appeal.
  • Tax procedure — stay of execution — whether stay appropriate where Commissioner General has determined appeal within statutory period; requirement to exhaust statutory tax remedies; Court’s inability to stay proceedings before Commissioner General; adjournment and substitution of counsel.
24 April 2017
Opportunity Bank of Malawi Limited v Kaira and 66 Others (MSCA Civil Appeal 18 of 2017) [2017] MWSC 10 (11 April 2017)
A stay cannot be granted where there is no execution because the judgment has been paid into court pending appeal.
  • Civil procedure — Stay of execution — Where judgment ordered paid into court pending appeal there is no execution to stay; application for stay of 'phantom execution' is misconceived — Leave to appeal not required merely because judgment delivered in chambers.
11 April 2017