The High Court of Malawi has ordered private practice lawyer Alexious Kamangila to pay Judge Kenan Manda damages for defamation in a case dating back to October 2024.
In a judgement delivered in Lilongwe on Friday, presiding judge Howard Pemba also ordered the self-styled corruption whistle-blower to pull down the posts purportedly defaming Manda.
Manda’s lawyer Michael Goba Chipeta asked the court to strike out Kamangila’s defence for failing to comply with the scheduling conference directions of March 5 2026, which include filing witness statements and skeleton arguments within 21 days.
In the order, Pemba said Kamangila was in default of the scheduling conference directions and further certified that Manda’s application be heard exparte and without prior service on the defendant.
He also ordered that the assessment or determination of compensatory, aggravated and exemplary damages be referred to the Registrar of the High Court and Supreme Court of Appeal to be decided on a date to be appointed.
Said Pemba: “The defendant is hereby permanently restrained, whether by himself, his servants, agents, associates, legal practitioners, or any person acting at his direction or procurement, from publishing or causing to be published the same or substantially similar defamatory words concerning the claimant.
“The defendant shall within 24 hours of service of this order, delete, take down or procure the removal of the offending publications complained of in the statement of case and any materially similar publication within his custody, power or control. The defendant shall pay the claimant’s costs of this application and of the action, such costs to be assessed if not agreed.”
Manda’s initial demand letter dated October 7 2024 sought K250 million in damages, an apology and a stop of “further defamatory statements or dissemination of false information” about him.
He said that between October 2 and 5 2024 Kamangila made multiple Facebook posts relating to his order in Commercial Case Number 136 of 2024 involving Mukteshwar Sugar Mills Limited and Salima Sugar Company Limited.
In a brief reaction through WhatsApp yesterday, Kamangila said he was yet to be served with the order which he did not agree with.
“I do not agree with the order and the judge who has made it. That is my comment,” he said.
Chipeta, in a separate interview, said he was happy that justice has been served but indicated that the fresh assessment that will be made will fall within their range of their initial demand.
He said: “We made an application, the court granted the order we sought: Justice has been done.
“A fresh assessment will be carried out before the Registrar but our argument will remain within the K250 million range as a minimum.”
During the scheduling conference on March 5, Pemba said hearing of the case would happen for two days in May 2026 and asked Manda to file his witness statement and skeleton arguments 21 days from the day of the scheduling conference.
During the conference, Kamangila named 17 witnesses, including himself and Chief Justice Rizine Mzikamanda in the defamation case, saying 15 of the witnesses needed to be subpoenaed.
