Chilumbu v Chaponda (Civil Cause 401 of 1999) [2018] MWHC 5 (15 March 2018)
The High Court lacks jurisdiction to hear applications relating to the stay of execution of an order of assessment of damages; such matters are for the Supreme Court of Appeal.
Source-derived case information.
- Citation
- [2018] MWHC 5
- Parties
- Plaintiff: A. B. Store Chilumbu; Defendant: G. T. Chaponda
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 401 of 1999
- Procedural Posture
- Civil / Direction Following Appeal Against Assistant Registrar's Stay of Execution
- Outcome
- Application dismissed for want of jurisdiction.
- Legal Topics
- Jurisdiction, Appeals, Stay of Execution, Assessment of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A. B. Store Chilumbu
Plaintiff
G. T. Chaponda
Defendant
Procedural Posture
Civil / Direction Following Appeal Against Assistant Registrar's Stay of Execution
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an application relating to a stay of execution pending appeal against an order of assessment of damages by the Registrar
Ratio Decidendi
The High Court lacks jurisdiction to hear applications relating to the stay of execution of an order of assessment of damages; such matters are for the Supreme Court of Appeal.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- Plaintiff shall appeal against the stay order before the Supreme Court of Appeal and not the High Court.
Full Case Text
Judgment text and source record
1 paragraphs
.* IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NUMBER 401 OF 1999 BETWEEN: A. B. STORE CHILUMBU PLAINTIFF AND G. T. CHAPONDA CORAM: JUSTICE M. A. TEMBO, Kam bale, Counsel for the P la in tiff Mpasu, O ffic ia l Court Interpreter ORDER DEFENDANT This is this court’ s direction fo llo w in g the filin g o f an appeal to this Court against the decision o f the Assistant Registrar staying execution o f an order o f assessment o f damages that had been made in favour o f the plaintiff. Th e order o f stay was granted pending an appeal against the order o f the Registrar to the Supreme Court o f Appeal. This Court has considered the question o f jurisdiction to hear the instant application without setting dow n the hearing o f the appeal in v ie w o f the recent decision o f the Supreme Court in the case o f M o to v Sabadia M S C A civ il appeal number 2 o f 2014 (unreported) where it was held that an appeal against an order o f the Registrar on assessment o f damages lies to the Supreme Court o f Appeal. l In v ie w o f the Supreme Court o f A ppeal decision herein, this Court holds the v ie w that the main issue o f the appeal against the order o f assessment is indeed a matter for the Supreme Court o f Appeal. This Court holds the further v ie w that, consequently, any application in relation to the subject matter o f that appeal to the Supreme Court o f A p p ea l herein, in particular the stay o f execution o f the order on assessment o f interest, should be dealt with by the Supreme Court o f A ppeal itself. This Court accordingly directs that the p la in tiff shall appeal against the stay order herein before the Supreme Court o f A ppeal and not this Court. M ade in chambers at Blantyre this 15th M arch 2018. 2