High Court throws out Mutharika, Muhara application

The High Court sitting in Lilongwe has dismissed with costs an application by former president Peter Mutharika and former Chief Secretary to the Government Lloyd Muhara to review the K69 million costs. 

The two were ordered by the High Court to pay after their decision to send Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea on leave pending retirement was faulted.

They were dragged to court by the Malawi Law Society, Human Rights Defenders Coalition and Association of Magistrates in Malawi who dragged them to court for interfering with the principle of separation of powers.

In a ruling delivered Thursday, Assistant High Court Registrar, Anthony Kapaswiche, faulted the respondents for failing to raise substantive arguments to support the application.

The court observed that the arguments by the respondents were already dealt with in the earlier judgement.

According to Kapaswiche, the court failed to find a reason why the costs have to be reviewed.

He therefore dismissed the application with a cost of K2.250 million to be paid to the claimants within 30 days.

Lawyers for the respondents have asked for more time to go through the ruling before commenting.

Leave a Reply

Your email address will not be published. Required fields are marked *