Mlashi & Ors. v R (Criminal Appeal 31 of 1998) [1998] MWHC 4 (10 April 1998)
No appeal lies to the High Court against an order that there is a case to answer, as such an order is not final; appellate jurisdiction is limited to final judgments or orders.
- Citation
- [1998] MWHC 4
- Parties
- Appellant: Patrick Mlashi; Appellant: Dumisani Mbuluma; Appellant: Gloria Banda; Appellant: Emmanuel Mbisa; Appellant: Florence Kapesi; Appellant: Malingamoyo Mwanyama; Respondent: Republic
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Judgment Date
- 10 April 1998
- Case Number
- Criminal Appeal 31 of 1998
- Procedural Posture
- Criminal Appeal / Appeal Against Order of Case to Answer
- Outcome
- appeal dismissed
- Legal Topics
- Appeals, Interlocutory Orders, Malicious Damage, Common Assault, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Patrick Mlashi
Appellant
Dumisani Mbuluma
Appellant
Gloria Banda
Appellant
Emmanuel Mbisa
Appellant
Florence Kapesi
Appellant
Malingamoyo Mwanyama
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Order of Case to Answer
Legal Issues
- 1 Whether an appeal lies against an order of a trial court that there is a case to answer
- 2 Whether such an order is a final judgment or order for purposes of appeal
Ratio Decidendi
No appeal lies to the High Court against an order that there is a case to answer, as such an order is not final; appellate jurisdiction is limited to final judgments or orders.
Court Disposition
appeal dismissed
Orders
- In case of conviction, the lower court should stay execution of sentence or grant bail pending appeal or confirmation.
Full Case Text
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