By Concerned Malawi Citizen
In this long overdue T/A Mwamlowe Chieftaincy court wrangle, Supreme Court Judge, Justice Anaclet Chipeta in his stay order ruling is on record for having observed that the case was interesting & at the same time appalling in :
a. that the case has taken too long to be concluded in the absence of valid legal grounds except for the dismaying fact that the Learned Mzuzu High Court had unconvincingly denied the defendants side their right to be heard first & prior to the learned Mzuzu High Court’s rotational chieftaincy ruling thereof.
b. that he found no law basis that backed the Learned Mzuzu High Court’s decision to deny the defendant’s side right to be heard prior to its ruling thereof.
c. that whereas the same Learned Mzuzu High Court had later through Judge Jumbe granted the defendant his right to appeal for stay order in view of the ruling in (a) above, the Petitioners were still appealing to the Supreme Court of Appeal:
(i) to quash the stay order application & further deny the defendant’s right to be heard.
(ii) to uphold the previous Learned Mzuzu High Court’s rotational chieftaincy ruling as stated in (i) above.
d. that he found no law basis for the Petitioners grounds of appeal in (c) above & thus granted the defendant his right to be heard by the Mzuzu High Court prior to ruling thereof.
It is almost 3 years now since Justice Chipeta ruled in favour of the defendant in (d) above but why Petitioners were still making their appeals in (c) above to the Supreme Court & again why the Learned Mzuzu High Court seemingly appears to undermine the interim Supreme High Court ruling thereof makes every fair minded, concerned citizen of this country wonder if the much touted RIGHT TO BE HEARD is still alive in judiciary circles or it died un-announced sudden death.
