Chilumbu v Chaponda (Civil Cause 401 of 1999) [2018] MWHC 5 (15 March 2018)

.* IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NUMBER 401 OF 1999 BETWEEN: A. B. STORE CHILUMBU PLAINTIFF AND G. T. CHAPONDA CORAM: JUSTICE M. A. TEMBO, Kam bale, Counsel for the P la in tiff Mpasu, O ffic ia l Court Interpreter ORDER DEFENDANT This is this court’ s direction fo llo w in g the filin g o f an appeal to this Court against the decision o f the Assistant Registrar staying execution o f an order o f assessment o f damages that had been made in favour o f the plaintiff. Th e order o f stay was granted pending an appeal against the order o f the Registrar to the Supreme Court o f Appeal. This Court has considered the question o f jurisdiction to hear the instant application without setting dow n the hearing o f the appeal in v ie w o f the recent decision o f the Supreme Court in the case o f M o to v Sabadia M S C A civ il appeal number 2 o f 2014 (unreported) where it was held that an appeal against an order o f the Registrar on assessment o f damages lies to the Supreme Court o f Appeal. l In v ie w o f the Supreme Court o f A ppeal decision herein, this Court holds the v ie w that the main issue o f the appeal against the order o f assessment is indeed a matter for the Supreme Court o f Appeal. This Court holds the further v ie w that, consequently, any application in relation to the subject matter o f that appeal to the Supreme Court o f A p p ea l herein, in particular the stay o f execution o f the order on assessment o f interest, should be dealt with by the Supreme Court o f A ppeal itself. This Court accordingly directs that the p la in tiff shall appeal against the stay order herein before the Supreme Court o f A ppeal and not this Court. M ade in chambers at Blantyre this 15th M arch 2018. 2