Re Section 65 of The Constitution (15 of 2005) [2006] MWHC 138 (3 September 2006)

Re Section 65 of The Constitution (15 of 2005) [2006] MWHC 138 (3 September 2006)

Leave to appeal is refused because the order is interlocutory and appeals do not lie in presidential referrals where there are no aggrieved parties.

Citation
[2006] MWHC 138
Parties
Referror: President of the Republic of Malawi; Amicus: Amicus curiae
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
3 September 2006
Case Number
15 of 2005
Procedural Posture
Constitutional Referral / Ruling on Application for Leave to Appeal and Stay of Proceedings
Outcome
application dismissed
Legal Topics
Presidential Referral, Section 65 of the Constitution, Interlocutory Orders, Leave to Appeal
Source Language
English
Constitutional Law Presidential Referral Section 65 of the Constitution Interlocutory Orders Leave to Appeal

Case Brief

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Parties

President of the Republic of Malawi

Referror

Amicus curiae

Amicus

Procedural Posture

Constitutional Referral / Ruling on Application for Leave to Appeal and Stay of Proceedings

Legal Issues

  1. 1 Whether leave to appeal can be granted against an interlocutory order in a presidential referral
  2. 2 Whether an appeal is competent in a presidential referral

Ratio Decidendi

Leave to appeal is refused because the order is interlocutory and appeals do not lie in presidential referrals where there are no aggrieved parties.

Court Disposition

application dismissed

Orders

  • Leave to appeal is refused.
  • Stay of proceedings is refused.