Mediation fails in Mtawali case

A case between former Flames coach Ernest Mtawali and Football Association of Malawi (FAM) is set to go for a  full trial after the two parties failed to sort out the matter through mediation.

Documents at the High Court in Blantyre show that the case, which is listed as civil cause number 288 of 2016, will now have a full hearing before High Court  Judge Joseph Chigona.

Terminated the mediation: Mtawali

Court documents state that legal firm Ritz Attorneys made a unilateral declaration to terminate the mediation under rule 17(g) of the Courts (Mandatory) Mediation Rules as follows: “We, Ritz Attorneys at Law, legal practitioners of the plaintiff, declare that mediation in this matter be, and is hereby, terminated.”

Mtawali, through Ritz Attorneys at Law, sued FAM and its vice-president James Mwenda in July last year, claiming general and special damages for libel and slander.

But after FAM recently filed defence through law firm Destone and Company, the High Court advised the parties to first try resolving the matter through mediation.

Judiciary spokesperson Mlemga Mvula said: “The parties failed to find an amicable solution through mediation and both parties have filed for a full hearing in the High Court before Justice Chigona.”

Ritz Attoneys could not be reached for his comment yesterday while Destone and Company said FAM is ready for defence before the High Court Judge.

In the case, Mtawali is claiming general and special damages over broadcast and published articles, in which Mwenda, as FAM technical sub-committee chairperson, reportedly alleged that the coach was fired due to “lack of planning and managerial skills and, to some extent, discipline.”

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