𝗖𝗼𝘂𝗿𝘁 𝗡𝗲𝘄𝘀 - 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹 𝗦𝘂𝘀𝘁𝗮𝗶𝗻𝘀 𝗦𝘁𝗮𝘆 𝗼𝗳 𝗘𝘅𝗲𝗰𝘂𝘁𝗶𝗼𝗻 𝗶𝗻 𝗟𝗮𝗻𝗱 𝗗𝗶𝘀𝗽𝘂𝘁𝗲 𝗖𝗮𝘀𝗲

𝗠𝗦𝗖𝗔 𝗠𝗶𝘀𝗰𝗲𝗹𝗹𝗮𝗻𝗲𝗼𝘂𝘀 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗡𝗼 𝟭𝟭 𝗼𝗳 𝟮𝟬𝟮𝟱

𝗗𝘆𝘀𝗼𝗻 𝗠𝗸𝘄𝗮𝗽𝗮𝘁𝗶𝗿𝗮 (𝗔𝗽𝗽𝗲𝗹𝗹𝗮𝗻𝘁)

𝗩.

𝗠𝗿 𝗠𝗮𝗹𝘂𝗻𝗴𝗮 (𝟭𝘀𝘁 𝗥𝗲𝘀𝗽𝗼𝗻𝗱𝗲𝗻𝘁)

𝗠𝗿 𝗠𝗮𝗻𝘆𝗲𝗸𝗮 (𝟮𝗻𝗱 𝗥𝗲𝘀𝗽𝗼𝗻𝗱𝗲𝗻𝘁)

𝗠𝗿 𝗞𝗵𝗼𝗻𝘆𝗼𝗹𝗮 (𝟯𝗿𝗱 𝗥𝗲𝘀𝗽𝗼𝗻𝗱𝗲𝗻𝘁)

𝟱𝘁𝗵 𝗔𝘂𝗴𝘂𝘀𝘁 𝟮𝟬𝟮𝟱 - 𝗕𝗲𝗳𝗼𝗿𝗲 𝗛𝗼𝗻𝗼𝘂𝗿𝗮𝗯𝗹𝗲 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗗𝗶𝗻𝗴𝗶𝘀𝘄𝗮𝘆𝗼 𝗠𝗮𝗱𝗶𝘀𝗲 𝗦𝗖, 𝗝𝗔

The Malawi Supreme Court of Appeal has sustained an order of stay of execution in the matter of Dyson Mkwapatira V. Mr. Malunga, Mr. Manyeka, and Mr. Khonyola, pending the determination of an appeal.

The case arises from a land dispute in which the High Court had dismissed Mr. Mkwapatira’s claim and denied him an injunction. Dissatisfied with that decision, the applicant sought a stay of execution before the High Court, which was refused. This prompted an application to the Supreme Court of Appeal under its concurrent jurisdiction.

In his ruling, Honourable Justice Dingiswayo Madise, SC, JA, noted that courts generally do not stay execution of judgments unless there are special circumstances, such as where failing to do so would cause great injustice and render the appeal nugatory.

Evidence presented showed that third parties, invited by the respondents, were erecting structures on the disputed land, a fact not contested by the respondents. Justice Madise held that allowing such developments to continue before the appeal is heard would prejudice the applicant’s rights.

The Court overruled a preliminary objection by the respondents challenging the validity of the appeal, clarifying that under Order 3 Rule 3 of the Supreme Court of Appeal Rules, a notice of appeal may be filed before leave to appeal is granted, provided leave is subsequently obtained.

The stay of execution has been sustained on the following conditions:

1. The applicant to settle the record of appeal within 14 days.

2. The applicant to enter the appeal with the Registrar of the Court within 7 days thereafter.

Costs were ordered to be in the cause.