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Stay of Execution

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Telecom Networks Malawi Plc v Chidzanja & 46 Others (MSCA Miscellaneous Civil Application 31 of 2024) [2024] MWHCCiv 25 (30 October 2024)
Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
  • Civil procedure — stay of execution pending appeal — discretion guided by interests of justice; disclosure/production of financial documents — otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
Judgment 30 October 2024
R v Jawad (MSCA Criminal Appeal 5 of 2018) [2024] MWHC 71 (19 June 2024)
Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
  • Forfeiture and stay of execution — application to discharge stay for alleged inordinate delay — duty of Registrar/Registry to prepare record of appeal — shortcomings in record not attributable to appellant — concealment of parallel money-laundering conviction involving same seized funds — discretion to refuse relief and award costs.
Judgment 19 June 2024
Registered Trustees of Khusi Trust v Ngwira (Civil Cause 18 of 2023) [2023] MWHCCiv 43 (19 May 2023)
Applications for stay and enlargement of time dismissed as premature and incompetent for lack of jurisdiction; costs awarded to respondent.
  • Civil procedure — stay of execution — Applicant must first apply to court below (Order I r.18); stay exceptional and discretionary; Enlargement of time — where order made in chambers leave to appeal required (s.21 SCA Act); Appeals premature before assessment of damages — inchoate judgment; Wrong procedural provision renders application incompetent.
Judgment 19 May 2023