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All courts - 1998 April

2 judgments
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2 judgments
April 1998
Mlashi & Ors. v R (Criminal Appeal 31 of 1998) [1998] MWHC 4 (10 April 1998)
The High Court has no jurisdiction to hear appeals against interlocutory 'case to answer' rulings; only final orders are appealable.
  • Criminal procedure — interlocutory orders — appealability — whether finding 'there is a case to answer' is appealable — only 'no case to answer' is final and appealable — remedy on appeal after conviction — stay of execution/bail under s.355
10 April 1998
Damalekani v Damalekani (MSCA Civil Appeal 35 of 1996) [1998] MWSC 4 (9 April 1998)
Alleged partnership failed; truck treated as estate property and divided fairly between dependant and excluded child.
  • Wills and Inheritance Act ss.16(2)(b) and 17 — intestate succession — dependants' protection and fair distribution — alleged partnership not substantiated — estate property versus partnership property — remedy by transfer with compensation or sale and equal division.
9 April 1998