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Twist to Area 18 sewer-water case

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By Aubrey Kapalamula:

The High Court in Lilongwe has ordered the consolidation of cases involving one of the families in Area 18 and other residents of the area who are demanding compensation for being supplied with contaminated water in 2017.

The claimants, Khama Matupa, and five household members, through lawyers GD Liwimbi and Partners, sought compensation amounting to K95 million from Lilongwe Water Board (LWB), Malawi Housing Corporation (MHC) and Lilongwe City Council (LCC).

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In an order which The Daily Times has seen, dated September 12 2018, Justice Fiona Mwale said the two cases—Civil Cause No 682 of 2017 and Civil Cause No.987 of 2018—be consolidated in one proceeding as the claims in both cases arise out of the same transaction or events among others

“Having carefully perused this case Civil Cause No. 682 of 2017 and Civil Cause No. 927 of 2017 between Khama Matupa and others against Lilongwe Water Board, Malawi Housing Corporation and Lilongwe City Council, this court on its own motion pursuant to order 6 and 9 of the Civil Procedures Rules finds that a common question of law and fact is involved in both these cases…,” reads the order.

Mwale also said there is no good and sufficient reason for the claims to continue separately.

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Following the supply of sewage contaminated water, the six claimants argued that they suffered from vomiting, diarrhoea, body weakness, fever and abdominal pains.

They further argued that the minor victims were admitted to hospital for two days and were put on intravenous fluids and antibiotics

Executive Director for Lawyers Forum for Human Rights, Chance Mwalubunju, said the order means the family will be included among the 1,300 victims that are seeking K4 million each for drinking sewer contaminated water.

“This means the said claimants and their lawyers will team up with us against the defendants therein,” he said

Meanwhile, the case is expected to come before Justice Ivy Kamanga for mediation on November 21

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