BY DRAXON MALOYA.
Mzuzu, Malawi. (News of The South) – The Mzuzu High Court has given Mtima Gondwe a stay order to perform all the duties of Paramount Chief Chikulamayembe having thrown out an injunction obtain by Bongololo Gondwe restraining the later from performing his duties.
Bongololo Gondwe sought legal redress on the matter through his lawyer Michael Goba Chipeta who wanted the decision made by the president and the Minister of Local Government to appoint and an install of Mtima Gondwe stayed.
Lawyer representing Mtima Gondwe in the case, Wesley Mwafulirwa expressed gratitude with the ruling saying that means his client will now be performing all his duties of a paramount chief.
“To days ruling has gone in our favour and we are satisfied because our client will now be performing not in acting capacity anymore but he remains Paramount Chief Chikulamayembe,
“On the judicial review the court shall wait, because the court will give us a scheduling conference in the soonest time possible,” Mwafulirwa said.
In his comment after the ruling, lawyer for Bongololo Gondwe expressed satisfaction with the outcome but was quick to point out that he will concentrate on setting the judicial review of the matter in preparation for a full trial.
“We are okay with the outcome despite the court seeing a strong case on our part, the only reason is that there is no any risk of danger on our part, so the next thing is to concentrate on the scheduling conference so that we can file for a full trial,
“We want the judicial review to look into the decision to install the fourth defendant, Mtima Gondwe because there are some provisions in the Chiefs Act which were not properly complied with, so the ruling delivered today is just interloctally,” Chipeta said.
The minister of local government Ben Phiri installed Mtima Gondwe as paramount chief Chikulamayembe following the death of his father last year, but the Bongololo faction challenged the decision in court claiming that the Chikulamayembe chieftaincy is rotational.
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