Tembo v Industrial Development Group (Civil Cause 153 of 1993) [1993] MWHCCiv 15 (14 October 1993)

Tembo v Industrial Development Group (Civil Cause 153 of 1993) [1993] MWHCCiv 15 (14 October 1993)

The plaintiff has sufficient means to repay the judgment sum if the appeal succeeds; therefore, refusal to stay execution will not render the appeal nugatory and the application for stay is denied.

Source-derived case information.

Citation
[1993] MWHCCiv 15
Parties
Plaintiff: H Tembo; Defendant: Industrial Development Group
Court
High Court of Malawi Civil Division
Jurisdiction
Malawi
Judgment Date
14 October 1993
Case Number
Civil Cause 153 of 1993
Procedural Posture
Application / Ruling on Stay of Execution Pending Appeal
Outcome
application dismissed
Legal Topics
Stay of Execution, Appeal, Judgment Enforcement
Source Language
english
Civil Procedure Stay of Execution Appeal Judgment Enforcement

Source-derived case record

Summary, issues, holding and outcome

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Parties

H Tembo

Plaintiff

Industrial Development Group

Defendant

Procedural Posture

Application / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether execution of judgment should be stayed pending appeal
  2. 2 Whether refusal to stay would render appeal nugatory

Ratio Decidendi

The plaintiff has sufficient means to repay the judgment sum if the appeal succeeds; therefore, refusal to stay execution will not render the appeal nugatory and the application for stay is denied.

Court Disposition

application dismissed

Orders

  • Judgment and order for costs to be executed unconditionally forthwith.
  • Costs for this application awarded to the respondent.