Court stops Mulli, MSB case pending appeal
The High Court’s Commercial Division in Blantyre has suspended the case between Mulli Brothers Limited and Malawi Savings Bank (MSB) pending the outcome of the appeal.
MSB is claiming that Mulli Brothers took a loan of K3.2 billion (about $8m) and wants the latter to pay back. However, Mulli Brothers is challenging the figure, describing it as exaggerated.
Last Wednesday, lawyers for Mulli Brothers asked for a referral of the case for certification by the Chief Justice to determine whether issues they were raising were constitutional in nature and required to go to the Constitutional Court.
Justice Michael Mtambo reserved his ruling to yesterday, August 20 2013.
However, before the judge made his ruling, Mulli Brothers lawyer Chancy Gondwe told the court that he had appealed to the Supreme Court of Appeal against the judge’s refusal to recuse himself and asked the court to give direction on the matter.
In his ruling, Mtambo pointed out that although he was supposed to make a determination on the matter, the order from the Supreme Court has tied his hands.
“This matter was adjourned to today [20th August 2013] where I was supposed to make a ruling on the referral. I was ready with the ruling but the matter has stayed till the Supreme Court of Appeal decision,” said Mtambo.
