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Principal Registry - 2018

2 judgments
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2 judgments
November 2018
Chisakalame t/a Chisakalame Traders (Civil Appeal 55 of 2017) [2018] MWSC 17 (28 November 2018)
Summary judgment improperly entered amid disputed negligence and valuation; appeal allowed and matter remitted to Commercial Division for full hearing.
  • Civil procedure — Summary judgment — Improper entry and confirmation where negligence and valuation were disputed; Commercial jurisdiction — matter remitted to High Court Commercial Division for full and expedited hearing.
28 November 2018
September 2018
Registered Trustees of Youth and Society v Jeffrey and Mhango and Others (MSCA Civil Appeal 70 of 2018) [2018] MWSC 19 (14 September 2018)
A single-member may grant an interlocutory stay pending appeal but cannot strike out a notice of appeal; stay granted to protect tracing of funds.
  • Civil procedure — interlocutory powers of a single member of Supreme Court — limits on use of inherent jurisdiction — power to stay execution pending appeal; locus standi in public interest litigation; freezing orders and risk of dissipation of assets.
14 September 2018