Phiri v Jere & Anor. (Civil Cause 643 of 2014) [2016] MWHC 713 (1 January 2016)
No special circumstances or potential damages were demonstrated by the applicant; therefore, the stay is not granted.
Source-derived case information.
- Citation
- [2016] MWHC 713
- Parties
- Plaintiff: Rudolph Minjemu Phiri; 1st Defendant: Raymond Mzingeri Jere (Suing on behalf of King Zwelitini Jere, Minor); 2nd Defendant: Attorney General
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 643 of 2014
- Procedural Posture
- Civil / Inter Partes Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Stay of Execution, Appeal, Discretionary Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rudolph Minjemu Phiri
Plaintiff
Raymond Mzingeri Jere (Suing on behalf of King Zwelitini Jere, Minor)
1st Defendant
Attorney General
2nd Defendant
Procedural Posture
Civil / Inter Partes Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of judgment pending appeal
Ratio Decidendi
No special circumstances or potential damages were demonstrated by the applicant; therefore, the stay is not granted.
Court Disposition
Application dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
.., IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CIVIL CAUSE NO. 643 OF 2014 BETWEEN: RUDOLPH MI NJ EMU PH IR 1-----------------------------P LAI NTI FF AND RAYMOND MZINGERI JERE----------------------------1 sr DEFENDANT (Suing on behalf of King ZwelitiniJere,Minor) A TIO RN EV GENE RAL-------------------------------------2 No DEFENDANT CORAM: HON. JUSTICE M. C. C. MKANDAWIRE Makono, Counsel for the Plaintiff Wawanya, Counsel for the Defendants ltai, Court Interpreter RULING This is an inter-partes application for an order to stay execution of judgement pending appeal. The application is supported by a statement under oath made by counse l Enock D. A. Chibwana who represents the applicant . The respondents' counsel Khumbizeni Wawanya filed a statement under oath opposing the application . Order 59 of the Rules of the Supreme Court gives this court the power to stay execution of a judgment pending an appeal. The power as whether to stay a judgment or not is a discretionary one. The court will however grant such a stay where there are special circumstances of the case requiring the curt to do so . I have gone through the sworn statements in support of the application. All that the applicant is stressing on is that the appeal has got high prospects to succeed without really pointing out any special circumstances to persuade the court to grant the stay. The applicant has not even shown the court if they would suffer any damages if the stay is not granted. I therefore find no merit in granting the stay here and I dismiss the application with costs. MADE THIS DAY OF NOVEMBER 2016 AT LILONGWE M. C. C. MKANDAWIRE JUDGE 2