Lawyer refuses to drop minister from K13.6m case
Private practice lawyer Christon Ghambi has said Minister of Youth, Sports Development and Culture Grace Chiumia is the principal defendant and cannot be removed from a case where one Mwiza Mkandawire is claiming to be owed K13 647 237.
Ghambi’s position comes after the High Court in Mzuzu ordered sheriffs to return Chiumia’s property following an application by her lawyer, Patrick Ngwira, to stop the sheriffs from seizing the minister’s property on the basis that she was not a proper party in the proceedings.
The sheriffs raided the minister’s house on July 11 2014 following instructions from the High Court on June 17 2014 to seize Chiumia and Chisomo Garry Widows Organisation’s property following a default judgement on May 5 2014 to have the two defendants pay Mwiza Mkandawire K13 647 237 and interest of five percent per year from May 5 2014. The sheriffs seized Chiumia’s furniture at her house in Mchengautuwa.
However, Ghambi, who is now representing Mkandawire has said removing the minister from the proceedings will mean the case has no defendant and that will defeat the whole purpose of taking the matter to court.
In his affidavit, Ngwira told the High Court that Chiumia was a wrong party in the proceedings, noting that the defendant should have been Hope Ministries.
“Upon receipt of the summons our office engaged in discussions with legal practitioners for the Plaintiff Lameck and Company, that the 1st defendant be struck off from these proceedings as she is not the proper party.
“We outlined the whole background of the matter to the plaintiff’s legal practitioners where it was clear that the defendants are not proper parties to these proceedings,” reads the affidavit.
