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Malawi decisions
Decisions matching the current search
The Industrial Relations Court set aside the Registrar’s stay decision for lack of jurisdiction, ordered a de novo hearing before the Deputy Chairperson, and granted an interim stay.
Kadzakumanja v Kadzakumanja & Chasweka (Being High Court, Lilongwe Registry, Family & Probate Division, Probate Cause No. 623 of 2020) [2025] MWHCFam 1 (22 January 2025)
Applications for leave to appeal and stay of execution are dismissed because the judgment is inchoate and not eligible for appeal or stay; proper procedure requires application for stay in the court below when concurrent jurisdiction exists.
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Telecom Networks Malawi Plc v Chidzanja & 46 Others (MSCA Miscellaneous Civil Application 31 of 2024) [2024] MWHCCiv 25 (30 October 2024)
The Supreme Court of Appeal continued a stay of execution pending appeal, dismissed a disclosure request as irrelevant, and refused to vacate the stay.
Banda v Blantyre Baptist Holdings Limited (Land Cause 121 of 2016) [2024] MWHCCiv 7 (19 September 2024)
The High Court dismissed applications to stay an assessment of damages and to rehear damages, holding that the proper remedy was an appeal, not a rehearing before the same court.
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.
Nkolokosa & 18 others v Banja Lamtsogolo Limited (IRC MATTER 456 of 2017) [2024] MWIRC 3 (27 February 2024)
The motion to set aside the order discharging the stay of execution was dismissed because it was not supported by any citation of law or rule, and the respondent failed to take active steps to prosecute the appeal for over two years, thereby unjustifiably depriving the applicants of the fruits of their litigation.
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Nthala v Malawi Airlines Limited (IRC MATTER 483 of 2023) [2024] MWIRC 6 (17 January 2024)
The Industrial Relations Court dismissed motions to set aside default judgment and stay execution, holding that internal negligence was not special cause.
First Capital Bank Limited v Kanyika and Others (MISC Civil Application 64 of 2023) [2024] MWSC 4 (10 January 2024)
The Malawi Supreme Court of Appeal held it lacked jurisdiction to entertain a stay application after refusal below, and vacated its earlier ex parte order.
Kandulo and Another v Avis Rent A Car Limited (IRC MATTER 89 of 2017) [2024] MWIRC 5 (2 January 2024)
The Industrial Relations Court dismissed an application to stay execution of judgment, finding no special circumstances and awarding costs to the applicants.
Mumba v Opportunity International Bank of Malawi (Civil Cause 49 of 2016) [2023] MWHCCiv 9 (15 December 2023)
The Defendant failed to provide evidence of the Claimant's impecuniosity or risk that the appeal would be rendered nugatory; the issue on appeal is only the quantum of damages, not liability, so a stay is not warranted.
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