FDH Bank in fresh contempt of court for advertising to sale Maranatha Girls Academy

FDH Bank Limited  continues to disobey the High Court by going ahead advertising the sale of Maranatha Girls Academy, despite the court ordering the institution to stop, until both parties are heard on 18th May this year.

William Mpinganjira: FDH Bank deputy MD, Bank continues to disobey court order

Speaking to Nyasa Times,  lawyer  of Maranatha Girls Academy , Cassius Chidothe said they were surprised that despite the court order restraining the bank to sale the Academy, they went ahead to advertise for its sale in the newspaper.

“They continue to undermine the court of law.We are very disappointed with them because instead of waiting for 18th May when they will appear before the court of law on the matter, they went ahead to disobey the court,”he said.

The court already  ordered four bosses from FDH Bank  to appear before the High Court in Blantyre to explain why they are holding the court in contempt by disobeying an order given by the High Court in Blantyre on September 27 2013 and January 6 2014 following a protracted legal battle with Maranatha Girls Academy Limited.

The four bosses summoned are Managing Director Eric Ouattara, his deputy William Mpinganjira, Head of Credit Arthur Yapuwa and Rehabilitation and Recoveries Manager Joseph Khonje following fresh application.

However,  instead of waiting to appear before the court of law on the matter, the Bank went ahead  to advertise the sale of the Academy in  The Daily Times of 28th April 2017.

Judiciary Spokespaerson Mlenga Mvula  said once found guilty, the four bosses  risk being fined or given custodial sentence.

Mvula said hearing of the matter will take place in the chambers for the four FDH Bank bosses  to explain why they are not complying with the injunction.

Maranatha first wanted FDH Bank Holdings Chief Executive Officer, Thom Mpinganjira, to answer contempt charges but changed since the matter in question is between FDH Bank and Maranatha Girls Academy and not the Holdings.

Documents signed by the Registrar of the High Court dated April 25 2017 and served on FDH Bank show that the court also feels the bank has disobeyed a court injunction which was issued in 2013 and 2014.

“The four are holding this court in contempt by blatantly and contemptuously disobeying an order given by this court on September 27, 2013 and January 6, 2014, wherein an injunction was granted restraining the Respondent [FDH Bank] either by itself, its servants or agents from realising security in title number South Lunzu 7/45 in the city of Blantyre until the determination of this matter or a further order of the court,” reads part of the notice.

This is not the first time for FDH Bank to disobey the court of law, because last month it  sent some officers  to Maranatha to assess the premises again,  undermined the injunction and contempt of court charges.

The court battle between the two entities dates back to 2013, when the bank advertised for sale of the school for its failure to settle a loan that Maranatha got from the bank but in turn the school sued FDH Bank for loss of business.

At first Maranatha Girls Academy Limited was awarded about K785 million but in his ruling in April last year, Judge Kenyatta Nyirenda slashed the figure to K392 million and other costs after the Supreme Court determination is made on the matter.

Nyirenda ordered FDH Bank to pay Maranatha Girls Academy for the bank’s failure to give the school three months statutory notice when it advertised in newspapers on July 25, 2012 that it would sell Maranatha Girls Academy Limited.

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53 thoughts on “FDH Bank in fresh contempt of court for advertising to sale Maranatha Girls Academy”

  1. Hunda says:

    tinakubelani bank zankutu Mumthu amapela ndalama ukamaba we paid alot of money . Inu bwanji simunagule anailengeza mnyuzi akutumani ndani .nzanuyo wazisekela mwayi

  2. Jabuse says:

    Kkkkkk mbuzi zokhazokha u ha got a case to answer going ku maranatha kukawasegulila ana akusamba cholinga chanu chinali chani poti mumatchuka ndizotamba kapena mumafuna kukhwima chifukwa zinazo sizikumveka khoti inalesa

  3. jack says:

    Chosamva achiphikira mmasamba muchiona. Chimva nkhwangwa ili mmutu. Chikadadekha chikadaona nkhasako. Madzi afika mkhosi. Ngati chili chinyengo, diso lipenya. Nkhanga ziona kumwezi. Ukauma ntima Choipa chimatsata mwini. Ukakhala mmwamba usanyoze pansi.
    Approach clients professionally and win more of them and avoid losing business because of arrogance

  4. Shumba says:

    Ndawelenga macomment onse it seams amalawi mwazindikila zija ndimati Malawian banks are not there not to help u grow but finish u .Maranatha azinkhala wosachangamukako which is not the case with more Malawian anatha apa. Look the banks according to assessment they are to pay him more than what the bank is claiming. Bank yomweyo ikukanika kupereka 800million kumaratha koma ati ikugulisa school chifukwa ikufuna 400million no logic and it doesn’t make osangochosako yawoyo ndikusayisokoneza school and anzanu nawo aphunzire ngati momwe munaphunzilila inu. Malawian banks change please,many people are in trouble because of this tendency we know u have money u like to corrupt judges but please help to build than destroying.

  5. JHenderic says:

    Palibe nkhani apa kungoti aguluwa akumana amatama zinthu zimatha ndi kukambirana sakuziwa akuonongelana business,mabank ene akukondwa ndi izi komaso maschool akukondwa so watch out

  6. Jum says:

    Anthu andalama amadelela pakufunika amagidwe kuti aziwi money can’t save them

  7. Bubu says:

    Banks officials going into girls bathroom and and toilets .what was intention after being saved with injunction restraining them to sale. Is it because they have more money to buy judges and more lawyers or because this bank is close to APM . But now is above the law ,chilungamo chiyende ngati madzi We thank the high court for ur vivid stand and summoning them to answer contempt.

  8. Jusper says:

    U mean that bank goes that low why work up guys banks are supposed to stable, sober and mature

  9. Nambu says:

    Bank ya FDH ndiyausilu yimasata mmapazi macustomers ake anthu ambiri akuidandala yachuluka zibwana, No wonder l bank with Nb

  10. Nachisale says:

    It’s the that say fdh yalakwa if I got your question right. Contempt of court orders means one has not complied or obeyed what court has ordered or instructed one to do or not to do. it is the court of malawi with all the authority and mandate to provide a service of. arbitration in malawi according to our Malawian costitition. Of course we are all entitled to our own opinions as individuals but the court has a final say authoritatively. So the court will determine what’s next for these fdh bank so called bosses after the court hearing. No one is above the law despite the fact that he or she can feed all Malawians or has created jobs in an economy. let’s let law and order prevail

  11. jack says:

    Whatever and however we articulate this issue here, what we can’t change by our comments is that fdh bosses are in for a contempt of court orders which may cost the bank more like fines or imprisonment rather than if they complied. We just check if corruption could be a savior to the bank otherwise procedures matter

  12. Mpinganjira says:

    Aaa sheet bankiyo mweni wake ndi mafia wophunzila amaba mochenjela kwambiri apa wangokumana ndimfana wachitumbuka wozindikila .mafana azimbambwe anamenyedwa mmimba thom ndikutenga bank yonse sambi

    1. Mpinganjira says:

      Nkochenjela ngati njoka kataba bank kanuzaso boma kuti mundibwezele l billion. Boma inkafuna kubweza koma mfana wina wakutreasury anakana ,agodo akufuna kupeleka, atumbuka enawa sheet. Kanapanga njira zake kanjoka ndikunena pano Mumthuyo anachosedwa ntchito kuti kubooke azingotapula ndalama za chimanga zija zimazelaso ku bank yomweyi. Kaya amalawi anthuwa akudja zitalizitali

      1. Jabu says:

        Kkkkkkk amabweza ndalama or kugolosale alitola bomali kwambiri tionana 2019

    2. Newa says:

      Nde kuti pano akwana five omwe ati amangidwe chifukwa chonyoza mukangonyanso akazake ndi zibwezi zake zonse

  13. Chikopa says:

    Ine ndinati duuuuu! Koma ayi mtima wakana. Kodi inu mukuti FDH Bank
    yalakwa. Yalakwa poti? Kodi ma judge samalakwa? I know a good bunch of
    judges who are corrupt and incompetent. They practise law and not justice.

    Look here Wanganya, if FDH Bank was to fail today, it will cause massive losses
    to the economy because it is holding massive money for other financial
    institutions. It is like burning your house including clothes to kill lice. I remember
    Justice Mwaungulu throwing out injunction by Maranatha to continue occupying
    Keza Buildings which the school messed up with over MK200,000,0000.00 unpaid
    rentals which must be hitting half a billion now. Can’t you see that Kaonga is
    a thief? Did the bank not issue him with demand letters before publishing for
    sale of the property? It is that bank that made him realise the dream of having
    business koma paja a Malawi like biting the fingers that feed them.

    It is only in Malawi that injunctions can be sustained for years. What makes the
    court to say lets hear the loss of business case of the borrower before the
    funds which the bank holds on behalf of the general public are in jeopardy? if
    FDH Bank collapses, some of you touting nosense here will be jobless because
    your employers or your businesses will be affected directly in one way or
    another. The courts must not seek to protect interest of one crook at the
    expense of the general public. Trying to pose big is what is killing Malawi.

    1. william says:

      Be sober and understand what is being said ,yes the bank never saved any notice to the academy thus where papindika zikuoneka ngati academy imalipila bwino bwino no Wonder no notice,no warning was served kenaka bank inangovumbuluka kuika school munyuzi,kukhala ngati kunali magai ena amene amaifuna academyo sizienda chocho, pamakhala maprocedures komanso nkhani ya maranatha ndi petroda kuwuprem was not handled by asingle judge justice mwaungulu as u are putting it koma thrée judges onsewo maranatha anadyesa Nde anakhwana. Chimene chimafunika ndi malamulo petroda inalakwisa popyanya malamu pozikweza ndalama pofika konseko pocharger madola usdollars Chinchu chomwe constitution ya Malawi siilola aaa akulu chilungamo chomwe chasisa zaye nkhani y’a fdh nchakuti maranatha inaluza ana akhanikhani fdh itaika my news mwa zizizi Nde inayamba kulephela kulipila kenaka ndipamene bank imafunaso kugulisa ndikumawapasano notice ndipamene academy amadabwa kuti mumationongela business ndicholinga and athawe kuti tilephele nkhani inayenda chonchotu

    2. william says:

      My brother l think u are at eating with aFDH. Bank imeneyi ikuzunza amalawi zimatiwawa muganiza anthu 250 inachosa mwa illegal aja oaswapasaso ndalama moyenela akutani pano, think of big guys amene athandiza bank imeneyi kuti ifike pamenepa Ali kuti ,inawapanga frustrate ena kuwachosa mwazuka chipongwe achina Madinga, Kasala, Msadala, Chanza ndukatenga ana ake ndi azichemwali, tizibwezi ndi achalichi kuwaika pamipando nchifukwa bank pano iri pendapenda kukagwa. Malamulo asatidwe basi ngati akunyoza khoti sakumveraso amangidwe basi

  14. jean says:

    Mr kaonga and mpinganjira find urselves aperson Who can seat down with both of u to resolve thise mess Otherwise zikubowa

  15. Vane says:

    Thus why mumalephela mayeso nkhani ndiyonyoza khoti osati zoti apa pa kudu apa poyera ayi maboss four akalowa Shame .contempt is not ajoke nkhani zachochi zimafuna kukambirana apo bii kukhoti ndi fiftyfifty

  16. Dimba says:

    The issue is not about borrowing here read again the story the bank never followed the procedure no single notice was given to the academy. So the sale was like hide and sick., our laws never allow that its illegal so if u dont understand the matter shutup later on the court said ley ya resolve the ilegal mater and finish dont sale the school úntill we finish. Upon finishing its when the bank was found guity and maranath suffered aloss of business and damages .the assesment was 780m which the bañk is failing to pay todate. They failing to pay so why sale the school after all they want 361million which is very little compares to what the academy needs to be given 780

  17. Generation of Vipers says:

    JUST A REMINDER, THIS IS THE SAME BANK THAT DUBIOUSLY BOUGHT MSB!!!!!!!!

    1. Jabu says:

      Msb yanthu kupasana taganizilani bank Msb iri ndimanyumba angati poti nyumba imodzi masiku ano ikugwirisidwa l billion. Sad atapeleka ka 6billion amvekere ndibwezereni l billion kutola boma kumeneko thank Boma silinabweze unagwa nayo

    2. Jabu says:

      Nkhani siyakuti academy simalipila anthu ambiri nkhani saimvesa zinthu zimaenda bwino bwino now Wonder palibe any letters of warning and notice which could have been the case izikhala kuti maranatha was not paying, court itafunse bank inalephela kuprover serving the academy anything hence the bank was found quity. According to our laws we don’t sale somebody’s property without three notices and at the end we give final notice of three months bankiyi anthu saziwa ntchito inangovumbuluka basi kuika school mu news ndikuipanga withdraw the following day izi zinapangisa school academy to loose trust and confidence from parents later on ndiponwe sukulu inayamba kulephela kulipila pakuti ana anathawa.patadusa 6 month bank inati loan yanu sikuyenda bwino tikugulisa ndipomwe academy inati business munaiononga ndipomwe imakadandaula ku khoti Nde bank inapezeka yolakwa nalamulidwa kuti singagulise academy iripile Kaye 780million just school anailakwila .koma bank sinamverebe kumafuna kumagulisabe Nde khoti ikuwatana akalongosole kuti akupangilanji zausavege kumapita just school kumakasuzumila ana akusamba zausilu kumaimika makalasi bankiyi njazigewenga kusokoneza academy zinthu zake kumaikabe my nyuzi kumati tikufuna 361million wins Kumadabw kuti osanvochosela ku 780 million mukulephela kupeleka kumakalila just khoti ndikumagula judge. satanesatane wankhaiyi ndi umenewu chifukwa ena mungokomenta osamvetsa.

  18. Mwitiwa says:

    I, for one, am so surprised at the majority of the comments. It shows how much we are failing to be objective in this matter. When you are borrowing money from the bank, there is a call for a collateral. You even agree as to when you shall pay the money. Failing to do so within the agreed time, you lose the collateral. We have seen banks doing this over the past years. What is so wrong or special with FDH Bank selling the collateral which Maranatha gave without coercion? If Maranatha failed to pay back, they must face the consequences. Many a times I also do not understand the judges. On this I need to be educated. However, in as far as my understanding of this issue is concerned, whatever FDH Bank did was agreed and Maranatha knew that if they dont pay FDH Bank will advertise and sell the collateral. Hence,Maranatha’s non-payment and obtaining of a restraining order and claiming damage is a sheer act of crookedness and lack of gratitude to one’s own brothers who bailed you out when you needed money. Mr. Kaonga with all due respect, remember the saying mnzako akakuti konzu iwenso uzimuti konzu. Remember, the good FDH Bank did to you. At the of the tunnel, FDH Bank may pay the money but I do not see Kaonga going very far. The guy is soaked into a quagmire that is perpetually sinking him slowly. We are watching!

    1. dzimbiri says:

      Its so unfortunate you don’t understand court judges and you openly and publicly admit you need to be educated on this yet you also would like to comment even more than anybody. Let me educate you since you have requested
      1 – avoid commenting taking a part before understanding the whole issue
      2- the laws of Malawi have a provision citing on how bank loan repayment has be carried out and fdh did not do it according the provision so Maranatha sought justice. Justice in Malawi is mainly administered by the ministry of justice through institutions like courts. So the issue is at the court that we all noble Malawians must respect except fdh bank.
      3- The issue here is about Fdh bank disrespecting the court of Malawi where contempt of court orders is registered seeking court hearing
      4- what can happen here are two things fdh bank battling against the court or fdh complying with court orders.
      5- You wrong on not pointing at fdh bank with sheer crookedness and I know you can’t do that if you are a stubborn learner. I’ve just educated you because you requested and if you are a wise learner, you can see that you must apologize to Maranatha because of your prejudice.
      6- Questions now : Will you choose to understand or choose to remain stubborn like fdh bank?
      However, understand that that stubbornness has led to fdh top bank officials risking imprisonment
      7- if you value safety, go advise fdh bank to respect court orders and prevent such maximum embarrassment

      1. Mwitiwa says:

        Prejudice is all written all over the comments on this page. Even in your comments, prejudices is smeared all over. Stubbornness? It has successfully taken to where I am. Apologise for what? Everyone is entitled to a view. This is how I see it. Thanks for your biased education. Some points can be taken and some points portrays how much of a worst teacher you are. Zikomo bwana.

        1. dzimbiri says:

          Atleast you are saying some points can be taken . I’ve also never meant to be a best teacher here. We pay to be taught by best teachers. Atleast you have said ‘zikomo ‘ for some free education. You have some manners. Call me a worst teacher, I’ll still respect Malawian courts.

    2. Zyanya says:

      Be profesional mumangisana phuma silingathandize pamakhala maprocedures kamfunsireni kunational bank ndi std osati ma contempt mukupangawa

    3. Kanonono says:

      This is probably the only sane comment to have been posted on this forum. You have made my day.

      1. Jabu says:

        Koma the bank is doing it as if all working there, never went to school thus why it will not go anywhere this bank. Malawian let’s close our accounts you don’t callateral before consuming other steps. U can’t come to two before 1 .U write letters first ,3 notices, warning and later on a three month notice .Thus what our laws says and it raises more questions that is it true that the academy was not paying if so the bank could have been serving liquired documents or it was something to do with jeolosy, envy, and hetred ,somebody commented that seams someone in the bank wanted to backdoor and take the school. Shame zafika pomagulisa malo ngati tomato not for abank but someone in the village so commenting blindly u just look stool in this matter. ask them they will tell u what they did

    4. Lindo says:

      My dear obviously when one borrows money one gives collateral to the bank. The message to the borrower is always clear: pay back the funds as agreed and redeem your property. In fact no bank wants a clients property they just want their money back. So we are in agreement up to this point. But here the issue is the client defaulted on the loan and the bank advertised the property as would ordinarily be their right. Their only silly mistake was to not give the defaulting client notice and hence we now have a situation that you deem to be crooked when it is actually quiet just. You see a contract is there to serve both parties. The contract was serving the bank hence their right to sell and the client hence their right to be given notice of the impending sale. So it is not a matter of villainy on the part of maranatha’s owner but a fight to have the side of the contract that protects him recognised and adhered to; him being a sinking ship that will use the money unwisely being a side issue of very little importance and actually not worth mentioning at all if you ask me. Thanks

      1. Nyagondwe says:

        That’s a problem about committing silly mistakes. You commit one, you ignore it, you blame everyone, you can’t listen to court orders and you risk paying fines or imprisonment. Still you never agree you committed a mistake. Up to now some bank can’t see a necessity of obeying courses. Too busy pointing a finger at someone siding with the court. Make safety first please. You don’t make it by castigations but seeking peace with dangers

  19. william says:

    Maranatha umandiwaza wafinya Boo kkkkkk koma tangokambirana nawo anthu alinacho chikwama zomangisana

  20. william says:

    Mwaachita bwino amabank amabela anthu kwambiri. Kugulisa nyumba zaanthu opanda chisoni samva chidandaulo .usamale koma akupha l know them. They wil do anything to kill ukutumiza futi masanasana .kapena ya usiku.

  21. Debra says:

    Bank yamunthu ndi yamunthu basi amalawi samalani

  22. Mpinganjira says:

    Malawian Banks full of brunders and yet keeping public funds putting People at risk. This thing if it was another bank reserve bank would have acted but they are fearing on this matter the big fish behind Fdh bank .Remember MSB saga anthuwa tiwachose 2019

  23. Debra says:

    Maranatha take note this is another trash they are doing to turnish ur image, after contempt, Sue the bank for loss of business and damages akufuna kukulelesa amenewa dont wory this is a blessing .William pamozi ndi azizanke akalowa khoti ndi nyoo after that take another action

  24. ndudza says:

    A vampire exposed. Bravo Maranatha girls! Maranatha has really saved future victims of this vampire bank.

  25. Job says:

    Sad banks wrong precedent court rectify this. They should be locked and go to heló this stupit bustard Quatara he thinks this is Ghana athamanga

  26. nyoni says:

    mipesa yokha-yokha ku khobolana

  27. Kangaude David says:

    Bwana Thom mpatseni mwana ndarama zake. Roselyn acted so unprofessional and she must be fired. Mabank anzanu sakhala pa Nyasa Times every month. Just imagine munaba MSB powanyemera a Bright Msaka ndi a Mawindo ndipo amalawi ndi okwiya nanu. Akutinso mlaliki Kahiya munamubera bank ku Harare u bribed courts? Koma Thom yekha

  28. Nsp says:

    Agalu amenewa asekeleni bankiyo akhoti basi.Areserve bank unido la pena mwadya bañs bankiyo ikulakwisa malamulo mungoyangana poti apresident ali ndi mashare abela a Malawi ,pajatu anachita kuba MSB musaiwale.imanditengamo ndikaiona pano aipenta blue

  29. jack says:

    Yes ! We are yet to realize the true colours of FDH bank. Who shall still confide in this bank? Someone wise could pat Maranatha girls on the back. Maranatha has dug out a serpent from its hiding trench. This serpent had victimized many. It is growing big on victimizing its clients. This is so evident looking at the way it can defy Malawi Government judicial institution. A hungry serpent is shameless upon see a prey.
    What can Malawians learn from FDH bank in this case? Undermining court orders? Breaching principles of operations? Stubbornness?However, its never too late to save this bank. Otherwise it is destroying itself. Maranatha, many Malawians have learnt from you in this case that we must bear in mind of legal implications whatever business operations we carry out. Otherwise some Vampires fight shamelessly to kill business entities by acting above the law.

  30. Zyanya says:

    Agalu amenewa asekeleni bankiyo akhoti basi.Areserve bank unido la pena mwadya bañs bankiyo ikulakwisa malamulo mungoyangana poti apresident ali ndi mashare abela a Malawi ,pajatu anachita kuba MSB musaiwale.imanditengamo ndikaiona pano aipenta blue

  31. Mpasu says:

    Why Rush the sale when courts said they should wait úntil the matter is finished in supprem court.l think Fdh bank knows they Will lose the whole mátter so they want Just to destroy business of the academy which is doing very good at the moment,with 61 girls selected to universty in 2016/2017 munya mumangidwa nazi choipa chisata mwini kapena mukudalila kugula majudge acorrupt paja kumalawi

  32. dr mtumbuka says:

    osadzamubwerekanso ndalama mtumbuka wa maranathayu. he is rush!! other banks take notice! the guy has no morals! bankruptcy is looming.

    1. jack says:

      Mphechepeche mwa njovu sadutsamo kawiri. Ndani angapitenso ku FDH bank kukabwereka dollar ndi mmene akuchitiramu? Pitaniko inuyo muone ngati simudzalira. Bola anzanu apulumuka mkamwa mwa mkango. Tione mkangowo ngati ungaphe court

    2. JHenderic says:

      Tayankhulaniko zomveka nthawi zonse kusankhana mitundu nkhani iri apa ndiyakulakwa kwa bank ponyoza khot, Inu musiya nkhaniyi mukayamba kusankha mitundu shame on you akupasa zingati

    3. Kaliwo says:

      Shame on this bank. Amangeni basi azikatamba kundende konko

  33. DiIindesa says:

    Lol wina alowa nazo izi ,akakumangani muzizati khoti yoyipa pomwe mukupanga zaphala nokha mpinganjira lawyer wako ndani wodwalayo akulephela kukulangiza. My friend respecto courts. Bank mungoiseka akhoti

  34. Dingi says:

    Koma yaa the problem these bastards think because they have money they are above the law

  35. Fumbs says:

    Stupid stories imeneija sibank its abunch of thugs

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