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Principal Registry - 2024

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3 judgments

Citation	Judgment date
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
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

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