By Jones Gadama
In a significant ruling from the High Court Commercial Division, lawyer Innocent Tepeka has been ordered to pay K45 million to Shayona Cement Corporation following a failed repayment agreement.
The judgment, delivered by Justice Trouble Kalua, highlights serious concerns over professional conduct and financial dealings involving Tepeka and businessman Rodwell Kawere.
The case centered on a sum of K50 million that Tepeka, acting on behalf of Kawere, allegedly collected from Shayona Cement under false pretences.
According to court records, only K5 million of the amount was repaid, leaving an outstanding balance of K45 million.
The court found Tepeka’s defence to be a “sham,” indicating that he admitted to owing the money but failed to provide any credible justification for the repayment failure.
Justice Kalua’s ruling not only mandates the repayment of the principal amount but also includes accrued interest and legal costs, underscoring the seriousness of the breach.
The judgment sends a clear message about the legal consequences of failing to honour financial commitments, especially when public trust and professional integrity are at stake.
Moreover, the judge referred Innocent Tepeka to the Malawi Law Society for possible professional misconduct.
This referral suggests that Tepeka’s actions may violate the ethical standards expected of legal practitioners in Malawi.
If found guilty of misconduct, Tepeka could face disciplinary measures by the professional body, which may include suspension or disbarment.
Shayona Cement Corporation, one of Malawi’s leading cement producers, has been actively pursuing the recovery of the funds, which are crucial for its operational and capital expenditure.
The company’s legal representatives expressed satisfaction with the court’s decision, emphasizing that the ruling reinforces the importance of accountability and transparency in business transactions.
The involvement of Rodwell Kawere, a prominent businessman, further complicates the matter, as it raises questions about the nature of the financial arrangement and the roles played by those involved.
While the court’s focus was on Tepeka’s liability, the broader implications of this case may prompt further scrutiny of Kawere’s business dealings.
This case serves as a reminder to professionals and businesspeople alike that financial obligations must be honoured and that the judiciary remains vigilant in upholding the rule of law.
The High Court’s firm stance aims to deter similar conduct and protect the interests of creditors and investors in Malawi’s commercial sector.
As this story develops, attention will undoubtedly turn to the Malawi Law Society’s investigation and any subsequent actions taken against Innocent Tepeka.
Meanwhile, Shayona Cement Corporation looks to move forward, reinforced by the court’s strong endorsement of their claims.
