Matindi Private Academy Limited v Maranatha Boys Academy Limited (Commercial Cause 285 of 2021) [2023] MWHC 93 (3 November 2023)

IN THE HIGH COURT OF MALAWI COMMERCIAL DIVISION BLANTYRE REGISTRY COMMERCIAL CAUSE NO. 285 OF 2021 (Before Honourable Justice Manda) BETWEEN MATINDI PRIVATE ACADEMY LIMITED...........c.ccscssecssssseseeeeeeceese..... CLAIMANT AND MARANATHA BOYS ACADEMY LIMITED.........0..scesescessseesssesseeseesseee DEFENDANT Coram: E. M. Zidule : Assistant Registrar S. Mponda : Counsel for the Claimant S. Khan : Counsel for the Defendant B. Ntonya : Court Clerk RULING ON CLAIMANT'S APPLICATION FOR STAY OF CIVIL PROCEEDINGS PENDING CONCLUSION OF CRIMINAL PROCEEDINGS Brief background The court is conducting proceedings for assessment of damages in the matter herein pursuant to a default judgment that was entered on Defendant’s counterclaim. On 234 October, 2023, the Claimant filed an application for stay of civil proceedings pending conclusion of the criminal proceedings that it has instituted against the 1* witness of the Defendant, namely, Dr. Ernest Kaonga. The application is supported by a statement 1 Stayed. In the case of NBS Bank PLC vs. NICO General Insurance Company Limited Commercial Case no. 362 of 2018 the court Stated as follows: civil proceeding pending determination of a criminal proceeding, for them to simply allege that there would be prejudice. The law requires that the applicant must take a step further to demonstrate that there Will be a real risk of injustice if the civil proceedings are allowed to proceed before the criminal case is determined. In other words, | do agree that the burden of Persuading a court 2 to stay civil Proceedings always remains with the applicant’ (emphasis Provided). Finding that if the Court denies Claimant's application for an adjournment, he (Counsel) will not be able to cross examine the witness. On 24" October, 2023, the same Counsel application is therefore dismissed, Any party aggrieved by the decision of this Court is at liberty to appeal within 21 days from the date hereof. E. M. Zidule Assistant Registrar