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Principal Registry - 2023 February

4 judgments
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4 judgments
February 2023
Barrow Investment Limited v MPICO Malls Limited (MSCA Civil Appeal 4 of 2017) [2023] MWSC 26 (14 February 2023)
Table 6 collection charges are solicitor–client charges payable by the client, not recoverable from the debtor once proceedings commence.
  • Legal practitioners' fees — Table 6 collection charges — solicitor-and-own-client charges on receipt of monies; not recoverable from judgment debtor after commencement of proceedings; pleading of costs; effect of Government Notices and Law Revision Orders.
14 February 2023
CLC Forex Bureau v Reserve Bank of Malawi (Civil Appeal 25 of 2013) [2023] MWSC 31 (14 February 2023)
A settlement agreement constituting a final order bars interlocutory appeals; amendment motion was incompetent and appeal dismissed.
  • Commercial procedure — settlement agreement — final order — interlocutory application — O.18 High Court (Commercial Division) Rules — s.21 Supreme Court of Appeal Act — res judicata — leave to amend pleadings — leave to appeal.
14 February 2023
Tchale and 2 Others v R (Criminal Appeal 6 of 2019) [2023] MWSC 41 (14 February 2023)
Whether eyewitness evidence proved appellants’ malice aforethought in fatal mob assault; appeal dismissed.
  • Criminal law — Murder — Malice aforethought under s.212 (knowledge of probable death/grievous harm or intention to commit felony) — Eyewitness credibility despite limited inconsistencies — Causation established by post-mortem — Sentence proportionality.
14 February 2023
Sadala v Sadala (Civil Appeal 8 of 2022) [2023] MWSC 36 (7 February 2023)
Failure to timely file required skeletal arguments justified vacatur of a stay of execution pending appeal; SCA had jurisdiction under Order III r.19.
  • Appeal procedure; Order III r.19 — jurisdiction of SCA after an appeal is entered; Practice Direction No.1 of 2010 — filing skeletal arguments; failure to prosecute appeal; vacatur of stay of execution; costs awarded to respondent.
7 February 2023