Court discharges order on depots
The High Court of Malawi on Friday discharged an order granted to National Bus Company stopping the government’s takeover of bus depots previously managed by the company pending appeal.
The court’s judgement followed an interpartes hearing on Friday where the court heard an application by Attorney General Thabo Chakaka Nyirenda who challenged the stay order on grounds of multiple irregularities.
The court’s judgement, dated August 26 2022, reads in part: “Upon reading the sworn statement filed in support of the application for stay execution of the judgement pending appeal, it is hereby ordered and directed that the order of stay pending appeal granted on the 19th of August 2022 be, and is hereby discharged.”
Nyirenda said the court’s decision meant that the stay order pending appeal, liquidator of the defunct State-owned Shire Bus Lines Hastings Bofomo Nyirenda can now proceed to start signing land transfer agreements in favour of respective local councils.
The councils include M’Mbelwa District Council in Mzimba, Kasungu Municipal Council, Mzuzu City Council, Lilongwe City Council and Blantyre City Council.
In his arguments before the court, the Attorney General challenged the stay order on the basis that National Bus Company, owned by businessperson Leston Mulli, did not advance good grounds why the order was obtained.
He said the application by National Bus Company was an abuse of court processes.
In the commercial cause number 254 of 2021, National Bus Company is the claimant while Bofomo Nyirenda is the first defendant and the Attorney General is the second defendant.
Our efforts to speak to Lusungu Gondwe of Ritz Attorneys, who is representing National Bus Company in the case, proved futile as he could not be reached on numerous attempts.
