Kamwaza Design Partnership v Zomba Diocese of the Catholic Church (MISC Civil Appeal 47 of 2014) [2017] MWSC 15 (26 October 2017)

IN THE MALAWI SUPREME COURT OF APPEAL SITTING AT|BLANTYRE MSCA CIVIL APPEAL NO. 47 OF 2014 [Being High Court of Malawi, Commercial Division, Blantyre Registry, Commercial Case Number 104 of 2012] BETWEEN KAMWAZA DESIGN PARTNERSHIP AND ZOMBA DIOCESE OF THE CATHOLIC CHURCH RESPONDENTS CORAM: THE HON. MR JUSTICE L P CHIKOPA sc JA Sauti-Phiri Mr. of Counselifor the Applicant/ Appellant Nampota Mre/Chinangwa Mr. of Counsel forthe Respan Maluwa Mr. Court. Clerk RULING Chikopa SC, JA)» ’ APPLICANT/APPELLANT dents The applicant brought an application toyamend and replace grounds of appeal and to file skeleton arguments out of:time. The first application is not opposed. The second one is. In so far as we understand the practice and procedure of this Court an application to file skeleton arguments out of time should be allowed unless the cannot be reasonably explained or will occasion such injustice to th cannot be compensated by costs. In opposing the application the respondent claim that allowing the delay is such as other party as application will occasion them such an injustice. Firstly there has been a change pf personnel at the respondent’s office. The new staff cannot follow this matter enough reason why the applicant could not have filed the skel well enough to properly instruct Counsel. Secondly they are of the view that i is no good ton arguments The costs of this application[to be agreed or taxed] will be the re otherwise awarded. The same will be paid before the expiry of spondent’s unless 60 days from the date hereof[in any event before the hearing of this matter whichever shall come earlier] failure of which will result in this matter Standing d further action from this Court. Dated at Blantyre this October 26, 2017. ismissed without