Mwamlowe & Anor. v Rumphi District Council & Ors. (Civil Cause 8 of 2016) [2018] MWHC 816 (30 May 2018)

Mwamlowe & Anor. v Rumphi District Council & Ors. (Civil Cause 8 of 2016) [2018] MWHC 816 (30 May 2018)

The application to set aside the stay of execution is a new step and must be brought under the new procedural rules, not the old rules. The application was misconceived and improperly brought.

Citation
[2018] MWHC 816
Parties
Applicant: Fanwell Mwamlowe; Applicant: Edgar Mwamlowe; Respondent: Rumphi District Council (The District Commissioner for Rumphi); Respondent: Paramount Chief Chikulamayembe; Respondent: Mabvuto Kachipapa Mwamlowe
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
30 May 2018
Case Number
Civil Cause 8 of 2016
Procedural Posture
Civil Application / Ruling on Application to Set Aside Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Application Procedure, Transitional Rules
Source Language
English
Civil Procedure Stay of Execution Application Procedure Transitional Rules

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Parties

Fanwell Mwamlowe

Applicant

Edgar Mwamlowe

Applicant

Rumphi District Council (The District Commissioner for Rumphi)

Respondent

Paramount Chief Chikulamayembe

Respondent

Mabvuto Kachipapa Mwamlowe

Respondent

Procedural Posture

Civil Application / Ruling on Application to Set Aside Stay of Execution

Legal Issues

  1. 1 Whether the application to set aside the stay of execution was properly brought under the applicable procedural rules after commencement of new rules

Ratio Decidendi

The application to set aside the stay of execution is a new step and must be brought under the new procedural rules, not the old rules. The application was misconceived and improperly brought.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs
  • Applicants may file afresh under proper rules