By Jones Gadama
The Malawi Supreme Court of Appeal has ruled in favor of Attorney General Thabo Chakaka-Nyirenda, ordering Sunrise Pharmaceuticals and Chombe Food Products, owned by businessman Leston Mulli, to refund K3 billion to the Malawi Government with interest within 30 days.
The court’s decision stems from a case that originated from the July 20, 2011 demonstrations, during which the companies claimed to have lost goods and money and demanded compensation from the government.
The High Court had awarded the companies K3 billion, which the government paid. However, the Supreme Court has now ordered the repayment of that sum.
In addition to the refund, the court has directed the two companies to bear the costs of the appeal filed by the AG, as well as the expenses incurred in the lower court, the High Court of Malawi.
The companies had also sought additional compensation exceeding K30 billion, but the Supreme Court’s ruling only pertains to the refund of the K3 billion already paid.
A panel of judges, including Deputy Chief Justice Lovemore Chikopa and Justices of Appeal Sylvester Kalembera, John Katsala, Dorothy Nyakaunda Kamanga, Charles Mkandawire, and Healey Potani, presided over the matter.
The respondents were represented by private practice lawyers Tamando Chokhotho and Chancy Gondwe.
The Supreme Court also dismissed an application by the respondents to overturn the order issued by retired Justice of Appeal Anaclet Chipeta, who had previously granted the AG leave to appeal out of time, with costs.
Furthermore, the court directed that the trial in the High Court, where the AG will be contesting the claims by the two companies, must proceed before a different judge within the next 90 days.
This ruling marks a significant development in the long-standing case between the government and the two companies.
The outcome will likely have implications for the government’s financial obligations and its approach to similar claims in the future.
