The Judiciary has written the Attorney General (AG) and Secretary to the Treasury (ST) to comply with a court order to pay about K2 billion for damages and loss of business to two companies owned by Mulli Brothers Limited (MBL) Holdings.
The two companies— Sunrise Pharmaceuticals Limited and Chombe Foods Limited—suffered damages and loss of business during the July 20 2011 anti-government demonstrations against economic malaise under the administration of the late Bingu wa Mutharika.
Mike Tembo, acting Registrar of the Malawi Supreme Court of Appeal and the High Court of Malawi, according to lawyer representing Mulli Brothers, Tamando Chokotho, filed “reports of collection” (an order) to the AG and ST on June 5 this year, giving their offices 90 days to pay.
Chokotho said in an interview on Tuesday there is no stay on the court’s order that directed government to pay the two companies for damages and loss of business, warning that under the laws of Malawi, government can be sheriffed should it fail to make the settlements.
The court earlier refused to grant the stay order when senior State advocate in the AG’s chamber applied for it pending an appeal against the assessment order the court entered on grounds that the State still had other options.
The State made no challenge when the matters were taken to court and also failed to show up when the court was making assessment of damages and loss of business, forcing the court to adopt the assessment made by Chokotho.
The State also threw away an opportunity it had to appeal against the two cases, and the periods expired on March 22 and June 3 this year respectively.
However, according to court records, the AG has filed an appeal at the Supreme Court of Appeal, specifically on the “out of time” issue and the case is set for June 17.
On June 24 2013, court records state, the AG would appear before the High Court to appeal against the assessment of judgement.
But the judgements, while the matters would be coming before the court, are enforceable as there is still no stay order on the judgements.
