Arbitral Digest

Matter

Prima Fuels Limited; Attorney General (Ministry of Finance and Economic Affairs) v Total Malawi Limited; Total Limited (Malawi High Court Commercial Cause Number 259 of 2019)

  1. 5 November 2024Malawi

    5 November 2024Malawi

    Ruling of the High Court of Malawi, Commercial Division, in Commercial Cause Number 259 of 2019 dated 5 November 2024

    High Court of Malawi, Commercial Division, Lilongwe Registry

    Decision summary
    The court set aside the order staying all further proceedings pending referral of the dispute between the parties to arbitration.

    Supporting details

    3 participants
    Prima Fuels Limited
    Total Malawi Limited
    High Court of Malawi, Commercial Division, Lilongwe Registry

    21 days later · 21 days

  2. 26 November 2024Malawi

    26 November 2024Malawi

    Ruling of the High Court of Malawi, Commercial Division, in Commercial Cause Number 259 of 2019 dated 26 November 2024

    High Court of Malawi, Commercial Division, Lilongwe Registry

    Decision summary
    The court granted Total Malawi Limited leave to appeal its challenge to the 5 November 2024 ruling that had set aside a stay pending referral of the dispute to arbitration, and stayed all further proceedings pending determination of that appeal. Costs were left in the cause.

    Supporting details

    9 authorities · 11 participants
    Prima Fuels Limited
    Representative
    W. Kita (For: Prima Fuels Limited)
    Representative
    E. Phiri (For: Prima Fuels Limited)
    Representative
    Wapona Kita (For: Prima Fuels Limited)
    Attorney General (Ministry of Finance and Economic Affairs)
    Total Malawi Limited
    Representative
    M. Msisha, SC (For: Total Malawi Limited)
    Representative
    N. Chalamanda (For: Total Malawi Limited)
    Representative
    Dalitso Mtambo (For: Total Malawi Limited)
    Total Limited
    High Court of Malawi, Commercial Division, Lilongwe Registry

    Authorities cited

    9
    • Supreme Court of Appeal Act, Cap 3:01 of the Laws of Malawi
      statute
    • Order III rule 3(1) of the Supreme Court of Appeal Rules
      rule
    • Order 10 rule 1 of the Courts (High Court) (Civil Procedure) Rules, 2017
      rule
    • Order 1 rule 5(1)(b) of the Courts (High Court) (Civil Procedure) Rules, 2017
      rule
    • ESCOM v Samson Evans Kondowe t/a Saveman Investment (MSCA Civil Appeal Number 67 of 2018: ESCOM v Samson Evans Kondowe t/a Saveman Investment)
      case
    • Toyota Malawi Limited v Mariette (MSCA Civil Appeal Number 62 of 2016: Toyota Malawi Limited v Mariette)
      case
    • JTI Leaf v Kapachika (MSCA Civil Appeal Number 52 of 2016: JTI Leaf v Kapachika)
      case
    • MHC v John Suzi Banda (Misc. Application Number 73 of 2018: MHC v John Suzi Banda)
      case
    • Ombudsman v State ex parte Malawi Energy Regulatory Authority (MSCA Civil Appeal Number 14 of 2022: Ombudsman v State ex parte Malawi Energy Regulatory Authority)
      case

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Prima Fuels Limited; Attorney General (Ministry of Finance and Economic Affairs) v Total Malawi Limited; Total Limited (Malawi High Court Commercial Cause Number 259 of 2019) · Matter