Escom wins bill deduction court case

The High Court’s Commercial Division in Blantyre has rejected an injunction application which Zhang Di t/a Yangtse Company made stopping Electricity Supply Corporation of Malawi (Escom) from deducting 60 percent of the firm’s every new electricity purchase.

Lawyer representing the power utility, Chrispine Ngunde of Tamandani & Chimwemwe confirmed the determination which Judge Jabbar Alide made on July 20 2022.

Zhang Di t/a Yangtse sought the court’s intervention following Escom’s decision to reverse unauthorised transfer of electricity to the company’s meters and illegal consumption of electricity worth K46 million.

The claim follows Escom’s decision to reverse unauthorised transfer of electricity to the claimant’s metres and illegal consumption of 494 128 kilowatts and is recovering the equivalent value of 307 493.86 kilowatts which the claimant already consumed.

However, Justice Alide dismissed the application for interlocutory injunction on the grounds that the transaction was illegal, damages are an adequate remedy for the claimant in that if the refusal to grant the injunction is wrongful and the claimant is successful at trial, the claimant can be adequately compensated for his loss.

He further determined that the claimant is heavily tainted and an injunction being an equitable remedy, the company does not have clean hands.

Zhang Di t/a Yangtse had sued Escom through their lawyer Joseph Kamkwasi of Joe & Max Chambers, claiming, among others, a refund of 801 621.76 kilowatts or its equivalent monetary value.

Escom has been on a campaign to recover revenue lost through irregular transfer and buying of electricity units on the parallel market.