This is an appeal by the Competition and Fair Trading Commission, the appellant,
against the determination made on 8th December, 2013 by the High Court Lilongwe District  Registry - Commercial Division (the “court belowâ€) in Miscellaneous Commercial Case No.1 o f 2013.
The record of appeal indicates that Messrs Racane Associates, the legal firm
representing the respondents in this appeal, was duly served with the notice of hearing of this appeal on 17th September, 2018. At the hearing of the appeal on 26th November, 2018 no legal practitioner from Messrs Racane Associates appeared in court, on behalf of the respondents; and this Court did not receive any communication whatsoever from that firm. In accordance with Order III rule 22 of the Supreme Court of Appeal Rules, this Court proceeded to hear the appeal ex parties.
The record of appeal (pp. 7-9) indicates that on 13th January, 2013, the appellant filed
an application at the High Court Lilongwe District Registry - General Division in
Miscellaneous Civil Cause No. 13 of 2013 to lodge an order with the court against Bharti
Airtel Limited, the 2nd respondent, pursuant to section 40 of the Competition and Fair Trading
Act. The order was to compel the 2nd respondent to notify the appellant of the takeover of Zain Malawi by the 2nd respondent. The court, on 23rd January, 2013, issued the order as its judgment. On 30th January, 2013, the 2nd respondent obtained an order of stay of the
judgment of 23rd January, 2013, pending the hearing and determination of an application to set aside the judgment and an application for leave to apply for judicial review within seven
days.
