Mphwiyo and 18 others v The Republic (MSCA Criminal Application 21 of 2021) [2023] MWSC 46 (9 June 2023)

IN THE MALAWI SUPREME COURT OF APPEAL SITTING AT BLANTYRE MSCA CRIMINAL APPLICATION NO. 21 OF 2021 [Being Criminal Case Number 35 of 2014 at the High Court of Malawi, Lilongwe Registry] BETWEEN PAUL MONTFORT MPHWIYO & 18 OTHERS © RULING/ORDER On May 10, 2023 we heard yet another application from the applicants in this matter. This time around they are asking for a stay of the proceedings they are appearing in in the court below, specifically before Lady Justice Chinangwa, pending an appeal they have lodged in this court. For the record the applicants have appealed against Lady Justice Chinangwa’s refusal to hear the said matter de novo having taken over the same from Lady st ae Justice Chombo[retired]. They have also separately raised the question whether the court below has jurisdiction to hear and determine their case. Whereas we agree that the applicants are raising serious issues worthy of consideration on appeal we equally have serious doubts whether this is an appropriate case in which the proceedings in the court below should be stayed pending the hearing and determination of such appeal. If truth be told the applicants had plenty of time to have raised the appeal. Actually it would have been disposed of had they acted with sufficient speed. Accordingly, we decline to grant the prayer for as these proceedings in the court below Dated at Blantyre this June 9, 2023. ae ae