Twist to Kanengo Filling Station saga as court orders Master Borehole to prove income – Reuters


In a dramatic turn of events, the Lilongwe High Court Commercial Division has ordered Masters Borehole Drilling Limited, a company owned by Alfred Gangata, to produce documents within 14 days from today, including the National Construction Industry Council registration certificate and council levy payment records. for the year 2020.

Anthony Kapaswiche, who is the Deputy Registrar of the Court, gave direction in his ruling on a claim by Gelesoni Mkweza, owner of Gam Fuels Limited, in a case involving the controversial sale and purchase of its Kanengo Gam Fuels filling station (from Mkweza). .

He argues that orders in the matter will still affect Realsim since he made the payment to buy the gas station.

In the same decision, Kapaswiche rejected a request by Gam Oil Limited to remove Realsim as an interested party in the case.

“What is clear to me is that the position that a party cannot join a case at the enforcement stage is not an inflexible rule because the court must take into account the particular circumstances of each case to make a decision.

“That is why the court will proceed with the addition of the interested parties and hear their request accordingly,” says Kapaswiche.

Gangata is claiming K747 million for allegedly losing business after Mkweza confiscated his drill compressor keys to press for payment of the K1.5 million Kwacha debt. Members of Parliament (MPs) yesterday demanded that the House summon for questioning the judge whose judgment led to the sale of a petrol station in Lilongwe.

MPs discussed the issue after a motion on the sale of the petrol station was tabled in parliament

Rumphi East MP Kamlepo Kalua was the mover of the motion which read: “That following the removal and subsequent sale of the Gam Fuels Kanengo gas station and the manner in which the gas station has disposed of by the Commercial Court, this House resolves that the Legal Affairs Committee should investigate how the service station was disposed of by the Commercial Court and whether that action was the most appropriate and report back to this House as soon as as possible”.

Kamlepo argued that the judge, Ken Manda, should appear before the Parliament’s Legal Affairs Committee to answer questions about his judgment.

He added that another Malawian businessman also lost a gas station following a judgment by the same judge.

Other MPs have suggested that Parliament initiate impeachment proceedings against the judge.

Mangochi South West MP Shadric Namalomba said parliament even had the power to impeach the judge.

He argued that the judiciary is losing the trust of Malawians.

“For the first time we saw Malawians protesting against the judges, it never happened,” Namalomba said.

However, House Leader Richard Chimwendo Banda argued that Parliament was overstepping its mandate, saying that while the House had the power to impeach a judge, the power to investigate a judge’s conduct lay with the House. the Judicial Service Commission.

Chimwendo called on MPs to stay above emotions and respect the Constitution.

“The rules of procedure are not above the Constitution. The Constitution is above any document and there is a separation of powers,” Chimwendo said.

Justice Minister Titus Mvalo also argued that the case should be referred to the Judicial Service Commission.

Parliament then passed the motion directing the Legal Affairs Committee to engage the Judicial Service Committee on the controversial filler sale.

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