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Principal Registry - 2017 September

2 judgments
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2 judgments
September 2017
NBS Bank Limited v Capital Oil Industries Limited and Another (MSCA Civil Appeal 43 of 2016) [2017] MWSC 11 (21 September 2017)
Appeals from a registrar’s assessment of damages/interest lie to the Supreme Court of Appeal, not to a judge in chambers.
  • Courts Act s29 (repeal) — General Interpretation Act s13 (continuation of repealed law) — jurisdiction of Supreme Court of Appeal — Registrar’s assessment of damages/interest — Rule 3 High Court (Exercise of Jurisdiction of Registrar) Rules — Order 58(2)(b) Rules of Supreme Court — appeals lie to Supreme Court of Appeal, not judge in chambers.
21 September 2017
Malawi Revenue Authourity v Likhunya (MSCA Civil Appeal 33 of 2017) [2017] MWSC 12 (20 September 2017)
Appeal from a Senior Deputy Registrar in wrong forum, late filing and irregular affidavit; court awards costs to applicant/respondent.
  • Civil procedure — Appellate jurisdiction — Appeal from Senior Deputy Registrar must lie to Judge in Chambers — Wrong forum and late filing — Defective affidavit not to be regularised by appellate court — Costs for procedural applications.
20 September 2017