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Malawi decisions
Decisions matching the current search
The High Court dismissed the defendants’ application to set aside a stay of judicial review proceedings, holding the motion was incompetent and that the stay stood.
Democratic Progressive Party v Nankhumwa and 3 others (MSCA Miscellaneous Civil Application 60 of 2023) [2023] MWSC 33 (13 December 2023)
A single judge of the Malawi Supreme Court of Appeal declined an ex parte stay application, holding it was premature because the lower court had not refused the request.
S (on the Application of Chunara) and Another v Director of Public Prosecutions (MISC Civil Application 50 of 2023) [2023] MWSC 43 (10 November 2023)
The applicants failed to demonstrate sufficient cause for the 16-month delay in seeking judicial review, as they did not show adequate efforts to mitigate the delay or follow up with their counsel. Even if time were extended, the issues raised are more appropriately addressed by the trial court, not through judicial review.
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State On the Application of Chinara and 1 other v Director of Public Prosecutions (Miscellaneous Civil Application 50 of 2023) [2023] MWSC 30 (10 November 2023)
Applicants failed to demonstrate sufficient cause for delay or diligence in pursuing their rights; mere inaction by counsel is insufficient without evidence of applicants’ own efforts. Even if extension were granted, the issues raised are better addressed by the trial court, not by judicial review.
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Matindi Private Academy Limited v Maranatha Boys Academy Limited (Commercial Cause 285 of 2021) [2023] MWHC 93 (3 November 2023)
The High Court of Malawi refused a claimant’s request to stay civil proceedings pending criminal proceedings against a witness, finding no real risk of injustice was shown.
Mphwiyo and 18 others v The Republic (MSCA Criminal Application 21 of 2021) [2023] MWSC 46 (9 June 2023)
The Malawi Supreme Court of Appeal declined a stay of lower-court proceedings pending appeal, finding the applicants had delayed despite raising serious issues.
Malawi Savings Bank Limited (FDH Bank Limited) v Chikaonda and 211 Others (Miscellaneous Civil Application 75 of 2022) [2023] MWHCCiv 26 (25 January 2023)
The High Court declined to suspend Industrial Relations Court compensation assessment, holding the requested order would serve no useful purpose and the appeal could proceed after assessment.
Inspector General of Police and Attorney General v A.J (a minor) and Ex parte Standford Siliro Shaba on behalf of T.S (a minor) (Misc. Civil Appeal 5 of 2022) [2022] MWSC 6 (2 December 2022)
Failure to serve and hear the Attorney General on the application to admit amici curiae was a serious procedural irregularity, occasioning injustice. The interests of justice require a stay of proceedings pending determination of the appeal to set aside the order admitting amici curiae.
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Kainja v Director of the Anti-Corruption Bureau, Director of the Public Prosecution and Attorney General (Judicial Review Cause 48 of 2022) [2022] MWHCCiv 10 (31 October 2022)
The High Court of Malawi dismissed an oral application to stay its recusal ruling, holding it was procedurally defective, premature, and unsupported by facts or merit.
National Oil Company of Malawi Limited v Fuel Tankers Operation Association (MSCA Miscellaneous Civil Appeal 45 of 2022) [2022] MWSC 28 (26 October 2022)
The Malawi Supreme Court of Appeal dismissed an application for stay of proceedings pending appeal, holding the challenged order was interlocutory and case-management related.
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