Danken & Anor. v Maganga & Anor. (Civil Appeal 3 of 2018) [2017] MWHC 675 (9 April 2017)
The appeal could not proceed because the intended appellants failed to take required steps after filing the notice of appeal.
Source-derived case information.
- Citation
- [2017] MWHC 675
- Parties
- Intended Appellants: Elias Danken and another; Intended Respondents: Zacceus Maganga and another
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Appeal 3 of 2018
- Procedural Posture
- Civil Appeal / Order on Hearing of Appeal
- Outcome
- hearing of the appeal dismissed
- Legal Topics
- Appeals, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Danken and another
Intended Appellants
Zacceus Maganga and another
Intended Respondents
Procedural Posture
Civil Appeal / Order on Hearing of Appeal
Legal Issues
- 1 Whether the appeal could proceed when the intended appellants took no further steps after filing notice of appeal
Ratio Decidendi
The appeal could not proceed because the intended appellants failed to take required steps after filing the notice of appeal.
Court Disposition
hearing of the appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
X W f f Q w C O U R T U 8 R A R ' 'Simm IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL DIVISION CIVIL APPEAL NUMBER 3 OF 2018 BEING CIVIL CAUSE NUMBER 1450F 2015 IN THE COURT OF SENIOR RESIDENT MAGISTRATE SITTING AT BLANTYRE BETWEEN ELIAS DANKEN AND ANOTHER.......................................... INTENDED APPELLANTS AND ZACCEUS MAGANGA AND ANOTHER..................... INTENDED RESPONDENTS Coram: The Honourable Justice Jack Nriva, Judge Messrs TJM & Associates of counsel for the intended applicant Dowell & Jones of counsel for the intended respondent Mrs D Mtegha Court Clerk ORDER The intended appellant wanted to commence an appeal proceeding in this court. The appealing party filed in September, 2017 notice of appeal witjh three grounds of appeal, with a 'craving’ to file for more grounds. Ever since, the intended appellant took no more steps, as far as the record is concerned. It appears to me there is no appeal before this Court. From want I have started, the intended appellants took no steps that a party is required to take before an appeal hearing takes place. The matter was referred to me for the hearing of the appeal. As it is the hearing cannot proceed. I dismiss the hearing of the appeal. Made in Chamber at Blantyre, the 9th day of April, 2017 JUDGE 2