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Malawi decisions
Decisions matching the current search
The High Court dismissed a preliminary objection, holding that a section 101 election petition was not res judicata as it raised a distinct cause of action from an earlier section 100 appeal.
The High Court of Malawi sustained a preliminary objection and dismissed an electoral petition for late-filed sworn statements and an incurable jurisdictional defect.
Libertas General Insurance Company Limited v Puffs (MSCA Miscellaneous Civil Application 62 of 2023) [2024] MWSC 9 (10 April 2024)
The Supreme Court of Appeal dismissed a preliminary objection and refused a stay of execution pending appeal because the objection was procedurally defective and the lower court judgment was inchoate.
Chalimba t/a Krisken General Suppliers v Standard Bank PLC (MISC Civil Application 50 of 2022) [2023] MWSC 28 (22 December 2023)
The Supreme Court of Appeal dismissed a preliminary objection application, holding the matter was misconceived and not properly before it under the Act and Rules.
Maitland Trustees Limited v Mulli Brothers Limited (Civil Case 297 of 2018) [2023] MWHC 26 (30 May 2023)
The defendant's objection lacks merit as the evidence relied upon is inadmissible and the court order of 27 May 2021 explicitly provides for interest on the dollar-denominated debt; the matter is not contentious and does not require referral to a judge.
Source excerpt
Kazembe v January & 2 others (Civil Cause 488 of 2019) [2022] MWHC 216 (23 June 2022)
The High Court dismissed a preliminary objection to assessment of damages, holding that the 2nd Defendant had not followed directions to bring an inter-parties stay application.
Kakhome v National Bank of Malawi for INDE Bank Limited (Civil Appeal 4 of 2021) [2022] MWSC 21 (5 April 2022)
The Supreme Court of Appeal upheld a preliminary objection, finding the appeal incompetent for lack of leave and because the extension application was made to the wrong court.
Phiri v Phiri (Matrimonial Cause 45 of 2015) [2021] MWHC 354 (30 March 2021)
The High Court of Malawi dismissed a motion to strike out a notice of appeal, holding it was brought under the wrong procedural rule and was incompetent.
Perfecto Pest Control (PPVT) Ltd. v Malawi Leaf Company Ltd. (Civil Cause 261 of 2012) [2018] MWHC 54 (8 June 2018)
The High Court of Malawi upheld a preliminary objection and rejected a summons for stay for failing to comply with procedural formalities.
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