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Principal Registry - 2024

4 judgments
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4 judgments
June 2024
State (on the Application of Major) v Secretary General of Malawi Congress Party (MSCA Civil Application 46 of 2022) [2024] MWSC 10 (14 June 2024)
Application for permission to apply for judicial review dismissed for failing to follow the correct procedural provisions.
  • Civil procedure — Judicial review — Procedure for seeking permission after High Court refusal — Supreme Court of Appeal Act s.8 and CPR 1998 Part 52.15 govern practice — Incorrect reliance on SCA s.7, Order II, or High Court Order 19 rules — Procedural incompetence warrants dismissal; interlocutory relief falls away.
14 June 2024
March 2024
Projex Group Limited v Central East African Railways Limited (MSCA Civil Appeal 10 of 2021; MSCA Miscellaneous Civil Application 31 of 2023) [2024] MWSC 11 (14 March 2024)
Court refuses anti‑arbitration injunction, sanctions non‑disclosure in ex‑parte proceedings, and enforces arbitration agreements.
  • Civil procedure
    • — Interlocutory jurisdiction — Applicability of Order I Rule 18; SCA jurisdiction only triggered where same application and material was first refused in High Court
    • — Ex‑parte relief — Duty of full and frank disclosure; failure to disclose prior court directions justifies setting aside order
  • Arbitration law — Anti‑arbitration injunctions — Courts should respect arbitration agreements and refrain from granting anti‑arbitration injunctions except in limited cases (fraud, impartiality)
14 March 2024
February 2024
Chiphwanya and 116 Others v Opportunity Bank of Malawi (MISC Civil Application 45 of 2023) [2024] MWSC 3 (29 February 2024)
Application to vacate stay dismissed for lack of SCA jurisdiction due to absence of a pending or contemplated appeal.
  • Appellate jurisdiction — Order I Rule 18 SCA Rules — stay of execution — requirement of a pending or contemplated appeal — inchoate appeal — judicial review precedents not a jurisdictional cure.
29 February 2024
January 2024
First Capital Bank Limited v Kanyika and Others (MISC Civil Application 64 of 2023) [2024] MWSC 4 (10 January 2024)
This Court lacked jurisdiction under Order I r18 to grant a stay of an IRC award governed by section 65(3) of the Labour Relations Act.
  • Labour Relations Act s65(3) — stay of execution — concurrent jurisdiction of IRC and High Court — Order I r18 SCA Rules — limits of Supreme Court of Appeal jurisdiction — requirement of statutory conferment of jurisdiction.
10 January 2024