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Notice of Appeal

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Chaoloka v The Attorney General (Ministre of Finance & Economic Affairs) (IRC MATTER 1294 of 2022) [2025] MWHC 5 (3 February 2025)
Failure to serve the mandatory pre‑suit notice and the time‑barred nature of the dispute rendered the applicants’ claim and motion a nullity.
  • Civil procedure — pre‑suit notice mandatory under Civil Procedure (Suits By and Against Government) Act s4 — non‑compliance renders action a nullity; administrative law — challenges to Ministerial implementation of statutory pension scheme are matters for judicial review; limitation — three‑month rule for judicial review; declaratory relief cannot circumvent pre‑suit notice requirement.
Judgment 3 February 2025
Southern Bottlers v Maulisu (MSCA Civil Appeal 31 of 2016) [2024] MWHCCiv 26 (29 November 2024)
Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
  • Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
Judgment 29 November 2024
Anchor Industries Ltd v Curtis (Miscellaneous Civil Cause No. 92 of 2022 (Being IRC Matter No. 463 of 2017)) [2024] MWHCCiv 20 (11 October 2024)
An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
  • Civil procedure — Appeal — Want of prosecution — Delay in preparation of record of appeal — Duties of appellant and court under procedural rules — Inherent jurisdiction to strike out appeal — Suspension of enforcement vacated — Costs under s72 Labour Relations Act
Judgment 11 October 2024
Henderson v R (Criminal Appeal No. 01 of 2023 (Being Criminal Review Case No. 448 of 2022)) [2024] MWHC 63 (2 May 2024)
Appeal dismissed for lack of mandatory leave and lateness; review misuse condemned and stays discharged for prompt prosecution.
  • Criminal procedure — Appeals from High Court in criminal review — Mandatory requirement for leave under section 11(2) — Time limits for notice of appeal under section 17(1) — Misuse of review as substitute for appeal — Stays discharged and case remitted for directions.
Judgment 2 May 2024
Mtilosanje and 3 Others v R (MSCA Criminal Appeal 10 of 2020) [2021] MWHC 403 (28 July 2021)
DPP’s appeal dismissed: prosecution failed to establish cause of death or nexus, so no case to answer.
  • Criminal law — case to answer — prima facie case; murder — causation, nexus and malice aforethought; circumstantial evidence and doctrine of last seen; admissibility and weight of expert and post-mortem evidence; delegation of prosecutorial power; requirements for notice of appeal.
Judgment 28 July 2021