By Jameson Chauluka:
The High Court in Blantyre has dismissed an initial claim of loss of business filed by Transglobe Produce Export Limited.
But Transglobe’s lawyer, Lusungu Gondwe, downplayed the ruling, saying, it is inconsequential since they already filed another claim which the office of the Attorney General is defending.
“We commenced the proceedings before the three months notice, which is required, expired. The notice expired somewhere around 6 April and just after the expiry of the period, we filed again and the claim is being defended by the State,” he said.
Transglobe Produce Export Limited claimed that it lost business when it was dragged in the maize procurement issue.
One of Transglobe’s Directors, Tayub, was arrested in July 2017, and was charged with persuading a public officer to perform his functions corruptly, as stipulated in Section 25A (2) of the Corrupt Practices Act (CPA) after he was implicated in the maize import deal.
The court has dismissed the claim on the basis that it was made before the required three months notice expired.
“In the present matter the claimants delivered notice of their intended suit but, before the expiry of the intended three months, went ahead and commenced the proceedings.
“This is the order of this Court on the defendants’ application that the claim by the claimant be dismissed for having been commenced without the requisite three months notice as per Section 4 of the Civil Procedure (Suits by or Against the Government or Public Officers) Act,” reads the judgement by Judge Michael Tembo.
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