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Kadzakumanja v Kadzakumanja & Chasweka (Being High Court, Lilongwe Registry, Family & Probate Division, Probate Cause No. 623 of 2020) [2025] MWHCFam 1 (22 January 2025)
Leave to appeal and a stay were dismissed as premature and procedurally incompetent because the High Court judgment remained inchoate.
  • Civil procedure — inchoate judgment — premature leave to appeal — inchoate judgments not appealable; stay of execution — must first apply to High Court where concurrent jurisdiction exists; SCA jurisdiction invoked after refusal by High Court; procedural competency of applications.
Judgment 22 January 2025
Attorney General v Sunrise Pharmaceuticals Limited & Chombe Foods (MSCA Civil Appeal 11 of 2013) [2024] MWHC 72 (24 October 2024)
Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
  • Civil procedure — interlocutory application for leave to file supplementary skeleton arguments — judicial discretion — timing and service of filings — appropriateness of single-member determination where appeal listed before full bench — procedural directions and automatic dismissal for non-compliance.
Judgment 24 October 2024
Mkandawire v Nihaka and 2 Others (Miscellaneous Civil Application 56 of 2023) [2024] MWHC 70 (19 February 2024)
An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
  • Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
Judgment 19 February 2024