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Principal Registry - 2023 November

2 judgments
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2 judgments
November 2023
Chathila and 3 Others v Central East African Railways Limited (Miscellaneous Civil Application 53 of 2023) [2023] MWSC 48 (10 November 2023)
Application dismissed for failing Order I, rule 18 and for inordinate delay; costs awarded against the applicants.
  • Procedure — Order I, rule 18 SCA Rules — concurrent jurisdiction — same application must be first made to court below; delay and introduction of post‑order facts bar relief. Civil procedure — stay of execution/payment into court — discretionary, requires good grounds (risk of dissipation, non‑recovery). Labour law — section 72 LRA limits IRC’s power to award costs but does not preclude High Court/SCA awarding costs on appeals
  • Costs — appellate courts have discretion to award costs in labour appeals
10 November 2023
S (on the Application of Chunara) and Another v Director of Public Prosecutions (MISC Civil Application 50 of 2023) [2023] MWSC 43 (10 November 2023)
Delay and applicants’ failure to mitigate justified refusal of extension, dismissal of judicial review permission, and refusal of stay.
  • Judicial review — permission to apply — extension of time — unjustified 16‑month delay and failure to mitigate — forum misstated; matters better determined at trial — refusal of interlocutory stay of criminal proceedings.
10 November 2023