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Principal Registry - 2023 January

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1 judgment
January 2023
Phompho v Chizuma and R (Miscellaneous Criminal Application 1 of 2023) [2023] MWSC 38 (12 January 2023)
Court refused ex parte stay pending appeal where claimed prejudice affected counsel, not the applicant, and no special circumstances shown.
  • Criminal procedure — Stay pending appeal — Ex parte applications — Applicant must show special circumstances — Non-party (legal practitioner) cannot seek stay to protect own interests — Stay should not revive subordinate court proceedings unjustly.
12 January 2023