Wakilii

Kajoloweka v Republic of Malawi (Application No. 055-2019)

African Court on Human and Peoples' Rights · [2020] AfCHPR 53 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures before the African Court on Human and Peoples' Rights following domestic litigation in Malawi
Decision
Provisional measures granted; enforcement of costs order stayed pending determination of main application on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights granted provisional measures ordering Malawi to stay enforcement of a costs order against the applicant. The Court found it had prima facie jurisdiction and that extreme gravity and urgency existed, as enforcement could cause the applicant irreparable harm through loss of immovable property and personal belongings pending determination of the merits.

Outcome

Provisional measures granted; enforcement of costs order stayed pending determination of main application on merits

Facts

Between January 2017 and February 2019, the applicant filed a civil suit in Malawi's domestic courts challenging the continued performance of duties by the Minister of Agriculture and Food Security while a Commission of Inquiry investigated an alleged corruption scandal involving maize purchase from a Zambian company. On 13 February 2019, Malawi's Supreme Court of Appeal dismissed the suit and ordered the applicant to pay costs assessed at MWK 21,648,675.00. The applicant then filed an application before the African Court alleging violations of the African Charter on Human and Peoples' Rights and requesting provisional measures to stay enforcement of the costs order, claiming enforcement would result in loss of immovable property and personal belongings causing irreparable harm.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the circumstances warrant the grant of provisional measures to stay enforcement of the costs order pending determination of the main application.

Orders

  • Respondent State to stay the enforcement of the order of costs by its Supreme Court of Appeal against the Applicant pending the determination of this Application on the merits.
  • Respondent State to report to the Court within fifteen (15) days from the date of receipt of this Order on the measures taken to implement it.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
For the purpose of issuing an order for provisional measures, the Court need not establish that it has jurisdiction on the merits of the case, but must simply satisfy itself that it has prima facie jurisdiction.
Civil Procedure — Provisional Measures — Test for Grant
A court may order provisional measures in cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, which it deems necessary to adopt in the interest of the parties or of justice.
Civil Procedure — Provisional Measures — Irreparable Harm
Where enforcement of a costs order could result in loss of immovable property and personal belongings that may never be recovered, a situation of extreme gravity and urgency exists necessitating the adoption of provisional measures to avoid irreparable harm.

Legislation cited (16)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3(1)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • Rules of Court Rule 8(2)
  • Rules of Court Rule 51(1)
  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 22

Cases cited (4)

  • African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
  • African Commission on Human and Peoples' Rights v Kenya (Application No. 006/2012)
  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • Armand Guehi v United Republic of Tanzania (2016) 1 AfCtR 587

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kajoloweka v Republic of Malawi (Application No. 055-2019) [2020] AfCHPR 53 (27 March 2020)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.