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Principal Registry - 2021

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4 judgments
Citation
Judgment date
December 2021
Airtel Malawi PLC v Competition for Fair Trading Commission (MSCA Civil Appeal 57 of 2021) [2021] MWSC 19 (10 December 2021)
Application for stay pending appeal refused; applicant failed to prove that refusal would cause injustice; fine’s size alone insufficient.
Civil procedure – stay of execution pending appeal – discretionary remedy – burden on applicant to show on balance of probabilities that refusal causes injustice; size of fine alone insufficient; courts will not grant stay to obtain gratuitous procedural guidance.
 10 December 2021
November 2021
Standard Bank Limited v Tourism Investments Limited & Euro Industries Limited (Being Commercial Case Number 86 of 2017; MSCA Civil Appeal 17 of 2018) [2021] MWSC 22 (30 November 2021)
30 November 2021
Attorney General and 2 Others v Tinyokole Properties (MISC Civil Application 42 of 2021) [2021] MWSC 20 (10 November 2021)
Court granted a stay of execution pending appeal due to a strong jurisdictional challenge and high likelihood of success.
Stay of execution — discretionary relief — guided by balance of convenience, balance of justice and likelihood of success on appeal; jurisdictional challenge — strong prospect of success may justify stay; execution rendering appeal nugatory; costs to successful applicant.
 10 November 2021
China State Construction Engineering Corporation Limited v FISD Limited Company (Civil Appeal 52 of 2021) [2021] MWSC 21 (10 November 2021)
A party must first seek stay of execution from the lower court; SCA vacated an ex-parte stay for non-exhaustion of remedies.
Civil procedure – appeals – interim relief – stay of execution pending appeal – Order 1 Rule 18 requires applications first to be made to Court below – ex-parte stay vacated where lower court had fixed hearing date and remedies not exhausted – section 22(1)(d) SCA Act inapplicable for such intervention.
 10 November 2021