The High Court in Lilongwe has turned down an application for an injunction by deposed Vice President, Everton Chimulirenji, stopping Lilongwe-based businessman, Matias Bonongwe from going to his house to seize his property.
According to submissions made in court, Chimulirenji owes Bonongwe K100 million which he has not been paying for some months, a claim the former veep denies.
Chimulirenji applied to the court to stop Bonongwe from altering defamatory remarks that he owes the businessman money and also to stop Bonongwe from sending his agents to seize his property.
High Court Judge Kenyatta Nyirenda has since dismissed the application with costs.
“Having carefully read the sworn statements and the submissions by counsel, it is the considered view of this Court that the application has to be denied. The application is being sought in support of the main case. As already mentioned herein, the reliefs being claimed in the main case are (a) general damages for defamation and trespass, (b) permanent injunction restraining the defendant or anyone from visiting the claimant’s premises or interfering with the claimant’s goods in anyway, (c) permanent injunction restraining the defendant from issuing any form of threats to the claimant and (d) costs of the action.
“Upon examining the reliefs being sought, it is clear that an award of monetary compensation would be an adequate remedy in respect of the claim for general damages for defamation and trespass. Further, it is trite that in the exercise of its equitable discretion, the Court will refuse to grant an interlocutory injunction if the interlocutory injunction effectively gives the claimant the full right sought in the main case.
“This is precisely what would obtain in the present case if the Court were to grant an interlocutory injunction restraining (a) the Defendant or anyone from visiting the Claimant’s premises or interfering with the Claimant’s goods in anyway and (b) the defendant from issuing any form of threats to the claimant. In view of the foregoing and by reason thereof, the application is dismissed with costs,” reads part of the judgment.
In an interview Thursday, Bonongwe said he was happy with the ruling.
Chimulirenji was deposed as the country’s vice president on February 3 this year after the Constitutional Court annulled the May 21, 2019 presidential elections on the basis that they were marred with widespread, systematic and grave irregularities.
Chimulirenji, through his lawyer Taulo and Associates, have since appealed against the ruling.