BLANTYRE-(MaraviPost)-The Malawi Supreme Court of Appeal sitting in the commercial city of Blantyre has on Wednesday overruled objection in which Press Corporation Limited (PCL) made against the kick starting of the case between the company (PCL) and Press Cane Products Limited (PCPL) due to insufficient documents.

The court has therefore set December 7, 2016, to kick start the case with first preliminary hearing from both parties which will be held on merit.

This is a relief to Cane Products Limited which is owned by former Minister of energy and Mining Rolf Patel Himself, and his sons; Reuben, Stanley and James Patel which is claiming joint share profits from PCL.

The matter has taken over fifteen years between the two companies since 2001 when the fight started in court. About MK 7 billion is an estimated profit share which Patel is claiming from Press Corporation.

The borne of contention is that PCL violated contractual agreement of the Joint Venture Agreement it went into with PCPL in which 2001 PCL was given a majority shares of 50.1 % against 49.9%.

During the time of this venture, according to the court records, PCPL had already established the company by investing heavily in capital assets.

However, investigations report in which Price WaterCooper House made revealed that all PCL shares were turned into loans.

This angered Cane Products which wanted its full shares on the joint venture business from Press Corporation that was under former Central Bank Governor Mathews Chikaonda.

Eventually, in 2014, Patels company won the cases through the High Court of the Commercial Division in Blantyre.

PCL therefore wants Supreme Court to overturn a ruling by lower court- the High Court which ruled in that PCL has no shares in the company because their shares were turned into loans and paid back.

While on the other side CPL wants Supreme Court to incorporate Price Water Coopers report to form part of the ruling which PCL has been objected.

However, when matter was heard for the first time in November 2015 in the Supreme Court, PCL through its lawyer Davis Njobvu objected to start full hearing arguing that there were insufficient documents to kick start the case.

But on Wednesday, October 26, Supreme Judge of Appeal Frank Kapanda who is presiding over the case alongside Justice Dunstan Mwaungulu and Judge Anthony Kamanga, told the court that he was not happy to learn that the defense counsel insisted on objection to kick start the case over insufficient documents.

Kapanda noted that though there were enough grounds for objection on the preliminary hearing due technical issues on the matter, progress was paramount for the timely judgment.

The Maravi Post later in the day caught up with Victor Gondwe of John Tembo and Associates, a lawyer representing Cane Products who expressed gratitude on the courts determination saying progress was paramount for the case.

Gondwe said his legal team was ready to kick start the case though the court indicated that defendant objection application had substantive facts.

“We need progress on this matter as you know almost 15 years has elapsed while fighting to get justice from the court. I agree with the courts determination that progress is very important as the matter has taken long time without conclusion.

“So, my client is fully ready with the case come December 7, 2016, the day in which all preliminary hearing from both parties will be heard on merits. Thereafter, the court will make a decision”, said Gondwe.