Lilongwe University of Agriculture and Natural Resources (Luanar) has filed an appeal against a ruling by High Court Commercial Division Judge Kenan Manda that the court relinquished its jurisdiction to an arbitrator in a case where Fargo Limited is being accused of breach of contract.
Lawyer representing Luanar Khumbo Soko said in an interview yesterday they have filed an appeal following their client’s instructions that emanate from the court’s direction.
“I think this is all that must be said for now. It would not be appropriate for me to be seen to be responding to the judge in the media. That is not how litigation works.
“There are protocols that one follows when they are aggrieved by a decision made by a court of first instance and those are the protocols that we have activated now, on the instruction of our client,” he said.
In the ruling dated October 16 2024, Manda said he was driven into examining the court file on the case following sentiments that have been expressed on the matter in the social media.
He said the court referred the matter for arbitration on March 14 2024; hence, it gave up its authority on the same.
The judge said in case of any delays on the case, it is the lawyers representing both parties that will have to shoulder the blame as they were supposed to identify an arbitrator.
“This is a clear case of counsel incompetence which, unfortunately, has caused unnecessary delays in this matter and the parties incurring costs.
“We find such kind of ineptness not only unfortunate but quite frankly unacceptable, especially if one considers the experiences of counsel on record,” reads the ruling.
On the comments made by the judge targeting the lawyers, Soko opted to refrain from giving a direct response, arguing that a lawyer is just an agent with a principal’s interest to protect.
He said: “Litigation should always be about the client and their interests. The lawyer should never become the centre of attention. That will be narcissism and a source of unhelpful distraction.”
According to Manda, a hearing on the case was scheduled for October 17 2024 but he said it would not proceed because the court lacks jurisdiction.
“And I do not see any reason for me to wait till Thursday to state what is obvious. In view of the foregoing, I cannot by law entertain any applications regarding this matter as doing so would be breaching the law,” he said.
Fargo Limited lawyer Madalo Banda refused to comment on the matter, saying she did not have permission from her clients to speak to the media.
The development comes days after Luanar students wrote Chief Justice Rizine Mzikamanda, asking him to assign another judge for the case, alleging misuse of judicial powers by Judge Manda.
