Matindi Private Academy Limited v Maranatha Boys Academy Limited (Commercial Cause 285 of 2021) [2023] MWHC 93 (3 November 2023)
The Claimant failed to demonstrate a real risk of injustice if the civil proceedings continued before the conclusion of the criminal proceedings, and thus did not discharge the burden required for a stay.
Source-derived case information.
- Citation
- [2023] MWHC 93
- Parties
- Claimant: Matindi Private Academy Limited; Defendant: Maranatha Boys Academy Limited
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Commercial Cause 285 of 2021
- Procedural Posture
- Civil / Ruling on Application for Stay of Civil Proceedings Pending Conclusion of Criminal Proceedings
- Outcome
- Application dismissed
- Legal Topics
- Stay of Proceedings, Assessment of Damages, Interaction Between Civil and Criminal Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Matindi Private Academy Limited
Claimant
Maranatha Boys Academy Limited
Defendant
Procedural Posture
Civil / Ruling on Application for Stay of Civil Proceedings Pending Conclusion of Criminal Proceedings
Legal Issues
- 1 Whether civil proceedings should be stayed pending the conclusion of related criminal proceedings
Ratio Decidendi
The Claimant failed to demonstrate a real risk of injustice if the civil proceedings continued before the conclusion of the criminal proceedings, and thus did not discharge the burden required for a stay.
Court Disposition
Application dismissed
Orders
- Any party aggrieved by the decision is at liberty to appeal within 21 days from the date hereof
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI COMMERCIAL DIVISION BLANTYRE REGISTRY COMMERCIAL CAUSE NO. 285 OF 2021 (Before Honourable Justice Manda) BETWEEN MATINDI PRIVATE ACADEMY LIMITED...........c.ccscssecssssseseeeeeeceese..... CLAIMANT AND MARANATHA BOYS ACADEMY LIMITED.........0..scesescessseesssesseeseesseee DEFENDANT Coram: E. M. Zidule : Assistant Registrar S. Mponda : Counsel for the Claimant S. Khan : Counsel for the Defendant B. Ntonya : Court Clerk RULING ON CLAIMANT'S APPLICATION FOR STAY OF CIVIL PROCEEDINGS PENDING CONCLUSION OF CRIMINAL PROCEEDINGS Brief background The court is conducting proceedings for assessment of damages in the matter herein pursuant to a default judgment that was entered on Defendant’s counterclaim. On 234 October, 2023, the Claimant filed an application for stay of civil proceedings pending conclusion of the criminal proceedings that it has instituted against the 1* witness of the Defendant, namely, Dr. Ernest Kaonga. The application is supported by a statement 1 Stayed. In the case of NBS Bank PLC vs. NICO General Insurance Company Limited Commercial Case no. 362 of 2018 the court Stated as follows: civil proceeding pending determination of a criminal proceeding, for them to simply allege that there would be prejudice. The law requires that the applicant must take a step further to demonstrate that there Will be a real risk of injustice if the civil proceedings are allowed to proceed before the criminal case is determined. In other words, | do agree that the burden of Persuading a court 2 to stay civil Proceedings always remains with the applicant’ (emphasis Provided). Finding that if the Court denies Claimant's application for an adjournment, he (Counsel) will not be able to cross examine the witness. On 24" October, 2023, the same Counsel application is therefore dismissed, Any party aggrieved by the decision of this Court is at liberty to appeal within 21 days from the date hereof. E. M. Zidule Assistant Registrar