Principal Registry - 2023 November

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2 judgments

Citation	Judgment date
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