Reliance Trading Company Limited v Malawi Revenue Authority,
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Malawi Goverment
Abstract
The judgment addresses an application by the appellants seeking to amend their Notice of Appeal to include full particulars of their grounds, arguing that this would clarify the issues and aid in the appeal process. The court examines the legal principles surrounding amendments under Order 111 rules 2(2) and 2(3), noting that amendments should not introduce new issues or cause prejudice. Considering the arguments and relevant case law, the court concludes that the proposed amendments are unnecessary, do not comply with legal provisions, and could delay the appeal. Consequently, the court exercises its discretion to dismiss the application with costs, emphasizing that the appeal should proceed without unnecessary procedural modifications to ensure its expeditious disposal.
Description
The item is a court judgment delivered by the High Court of Malawi regarding an application by the appellants to amend their Notice of Appeal in a civil case involving reliance trading company Ltd and the Malawi Revenue Authority. The judgment reviews legal principles related to the amendment of pleadings, assesses whether the application complies with procedural rules, and ultimately dismisses the application, affirming the importance of maintaining concise grounds of appeal to facilitate just and efficient resolution of the case.
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Reliance Trading Company Ltd v Malawi Revenue Authority [2022] MWHC 220 (15 June 2022)