Claims for compensation by Sunrise Pharmaceuticals and Chombe Foods Limited for loss and damage of property during the July 2011 demonstrations were managed through a consent order by the then Attorney General and lawyers representing Mulli Brothers Executive Director Leston Mulli, Malawi News has learnt.
Malawi News came across a Supreme Court judgement made by Justice Edward Twea which granted a stay of execution of the judgement which was made by late Judge Joseph Mwanyungwa in 2013.
Attorney General Kalekeni Kaphale in an interview yesterday said that the appeal is no longer in existence, arguing that there are new state of affairs, starting from the deal that was entered into by his predecessor in office.
“This matter was supposed to have gone for a full appeal hearing that’s because the Supreme Court doesn’t sit as one judge.
“So as it was on the way pending the hearing of the Supreme Court, the Attorney General then struck a deal with Mulli group and had a consent order to resolve the matter and the appeal was withdrawn. If you’re looking at the Twea ruling, you’re looking at a thing that is no longer material in the current state of affairs,” he said.
Kaphale said the new claim that Mulli Group has put across is stemming from that agreement.
Last week, we reported that Mulli through his companies, Sunrise Pharmaceuticals and Chombe Foods Limited is asking for K11,603,935,990.03 from government as compensation.
On October 3, 2014, the High Court assessed the quantum in the total sum of K3,048,557,708.71 [approximately Three Billion Malawi Kwacha] and further loss of business was yet to be assessed or agreed by the parties.
However, recent documents that we have seen show that Mulli, through his lawyers Churchill & Norris, is demanding about K11 billion from government.
In 2011, some Malawians took to the streets in protests against the then President late
Bingu Wa Mutharika demonstrating against poor leadership, bad governance and nepotism.