IT Centre V Rabson & Ors. (IRC Appeal 2 of 2016) [2018] MWHC 981 (21 August 2018)
The stay order was discharged because it was obtained by suppression of material facts, the appellant failed to prosecute the appeal for over two years, and the respondents were being unjustly denied the fruits of their litigation.
- Citation
- [2018] MWHC 981
- Parties
- Appellant: IT Centre; Respondents: Christone Rabson and Others
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Judgment Date
- 21 August 2018
- Case Number
- IRC Appeal 2 of 2016
- Procedural Posture
- IRC Appeal / Ruling on Application to Discharge Ex Parte Stay Order Pending Appeal
- Outcome
- Stay order discharged with costs
- Legal Topics
- Stay of Execution, Unfair Dismissal, Enforcement of Judgments
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
IT Centre
Appellant
Christone Rabson and Others
Respondents
Procedural Posture
IRC Appeal / Ruling on Application to Discharge Ex Parte Stay Order Pending Appeal
Legal Issues
- 1 Whether the ex-parte stay order pending appeal should be discharged
- 2 Whether the stay order was obtained by suppression of material facts
- 3 Whether delay in prosecuting the appeal justifies discharge of the stay order
Ratio Decidendi
The stay order was discharged because it was obtained by suppression of material facts, the appellant failed to prosecute the appeal for over two years, and the respondents were being unjustly denied the fruits of their litigation.
Court Disposition
Stay order discharged with costs
Orders
- The ex-parte stay order pending appeal is discharged
- The money paid into court is to be paid to the respondents
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment