Supreme Court of Appeal (SPA) justice Dingiswayo Madise has formally dismissed the Malawi Congress Party (MCP) appeal against the High Court ruling that paved the way for all those who expressed interest to contest at the party’s convention which is currently underway in Lilongwe.
He has dismissed the case with costs.
Judge Madise says the appellant, the Malawi Congress Party has through counsel Wapona Kita filed a notice withdrawing in whole the notice of appeal which was filed in the court below. The notice is dated 7th August 2024.
According to a ruling delivered by Judge Madise today, order 3 Rule 15 (1) of the Rules of the Supreme Court of Appeal allows the appellant to withdraw an appeal at any time before the appeal is called for hearing.
“Order 3 rule 15 (5) of the said rules provides that an appeal which has been withdrawn under this rule shall be deemed to have been dismissed.
“In these premises, the order of stay of execution of the High Court judgment which was granted on 7th August 2024 by a single member of the Supreme Court bench is hereby vacated as the same has no legs on which to stand in the absence of an appeal. The appeal is hereby dismissed with costs,” reads part of the order delivered on August 8 2024.
