The High Court in Lilongwe has ordered former Malawi Police Service acting Inspector General Duncan Mwapasa to pay businessman Matias Bonongwe about K40 million for instructing another businessperson, Yowasi Subster Valley, to seize seven vehicles from Bonongwe in March this year.
The High Court entered a default judgement on October 29, following failure by Mwapasa, who was the second defendant in the case, to defend himself in the matter.
But in an interview Wednesday, Mwapasa said he was not aware of the matter and the default judgement entered.
“Upon hearing counsel for claimant and upon reading the sworn statements in support of the judgement in default and upon being satisfied that the second defendant was duly served with the summons but did not show any intention to defend the claimant’s claim herein within the prescribed period, it is hereby ordered and directed that the judgement in default be and is hereby entered for the claimant…
“…second defendant is hereby ordered to pay the claimant the following as pleaded the sum of K40, 000,000 being the value of the motor vehicles impounded by the second defendant or the release of the motor vehicles, damages for loss of use of motor vehicles, damages for loss of business, damages for inconvenience and costs of this action,” reads part of the default judgement.
Lawyer for Bonongwe, Geoffrey Taumbe, Wednesday said Mwapasa acted in his personal capacity by instructing Valley to forcefully seize Bonongwe’s vehicles.
Mwapasa was appointed Inspector General of Police by former president Peter Mutharika in August last year, taking over from the then IG Rodney Jose, but was not confirmed by the Parliament.
When the Tonse Government came to power, President Lazarus Chakwera replaced Mwapasa with George Kainja.