By Deogratias Mmana:
Former president Peter Mutharika and ex-chief secretary to the government Lloyd Muhara Wednesday escaped the hammer of the Sheriffs by paying K22,070,335.89 which was yet to be settled when the court ordered them to pay K69 million to Human Rights Defenders Coalition (HRDC) Limited, Malawi Law Society (MLS) and Association of Magistrates in Malawi (AMM).
Initially, the two paid K47,437,125.11 to remain with a balance of K22,070,335.89.
On Tuesday, the High Court ordered the Sheriff of Malawi to seize and sell property belonging to the two to cover the balance.
“I can confirm that the money has been paid. One of the lawyers for the enforcement creditors, counsel Soko, came to my office around 4pm to collect the cheque,” said Charles Mhango, one of the lawyers for Mutharika and Muhara.
In Judicial Review Case number 33 of 2020, Judge Kenyatta Nyirenda ordered the Sheriff to sell the property from Mutharika and Muhara as first judgement and second judgement debtors, respectively, to recover K22,070,335.89 to cover the balance.
The application for seizure and sale of the property was made by HRDC, AMM and MLS, who are first, second and third enforcement creditors, respectively.
“You are hereby ordered to seize and sell all of the moveable property of the above named Prof Arthur P Mutharika and Lloyd Muhara, except that exempted from the seizure under the Sheriff’s Act, so as to realise the judgement debt in the sum of K22,070,335.89 and the costs of your execution of this enforcement order,” reads the order dated April 4 2021, which the High Court Registrar signed and addressed to the Sheriff of Malawi.
Mutharika and Muhara were ordered by the High Court to pay K69,507,461.00 on March 12 2021 as legal fees in a case where their decisions to send on leave-pending-retirement Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea were challenged.
Twea retired last month.