The High Court in Blantyre, has failed to make a ruling in a matter in which Malawi Congress Party (MCP) leader Lazarus Chakwera and other National Executive Committee (NEC) members are challenging an injunction that is restraining the party from holding a convention
MCP Secretary General Gustuv Kaliwo, Vice President Richard Msowoya, Treasury General Tony Kandiero, Spokesperson Jessie Kabwria and NEC member Chatonda Kaunda obtained an injunction stopping the party from holding convention until matters surrounding heir expulsion from the party are resolved.
And the matter was coming before Judge Jack N’riva for ruling on whether or not to vacate the injunction. However, it transpired that the Chakwera camp had not yet filed for their defence, a development which forced the Kaliwo camp to apply for a default judgement- which Judge N’riva was ready to deliver.
It also transpired in the court that instead of filing for their defence, the Chakwera camp had applied for the summons to be struck off.Therefore, Judge N’riva withheld his ruling saying that the outcome of the fresh application from Chakwera and team would have a direct impact on the ruling. N’riva then directed but hearing of the fresh application be expedited in order to dispose of the whole matter as soon as possible.
As regarding the status of the injunction, N’riva directed that it was still in effect. Meaning MCP cannot proceed with the convention.
Speaking outside the court, Kaliwo said grounds for Chakwera camp’s applications for discharge of the summon were not clear.
“But meanwhile the judge has directed that the injunction should continue,” said Kaliwo.
However, MBC failed to seek clarification on the fresh application by the Chakwera camp, as the apparently angry MCP officials gagged their lawyer from addressing members of the media.
Reporting by Austin Kakande for BBC