The State v The Commissioner General of the Malawi Revenue Authority; Ex-parte Evelyte Civil Engineering (Judicial Review Cause No. 56 of 2011)

Abstract

This case concerns a judicial review application brought by Evelyte Civil Engineering after the Malawi Revenue Authority (MRA) seized its motor vehicle for alleged fraudulent customs clearance and unpaid customs duty. Although the applicant obtained leave for judicial review and an interim order releasing the vehicle, it took no further steps to prosecute the matter for over six years. MRA sought to have the action struck out for want of prosecution, arguing that the delay prejudiced its ability to collect customs revenue. The High Court found the delay inordinate and inexcusable, accepted that the respondent suffered prejudice, and struck out the action while discharging the leave and interim reliefs previously granted.