Mulli Brothers Limited (MBL) Holdings has asked the Supreme Court to discharge the Stay Order the Attorney General (AG) obtained stopping the reward of K3 billion to two of its subsidiaries for damages and loss of business.
Last year the High Court ruled that government should compensate MBL after two of its subsidiaries, Sunrise Pharmaceuticals Limited and Chombe Foods Limited, suffered damages and loss of business during the July 20 2011 anti-government demonstrations against economic malaise under the administration of the late Bingu wa Mutharika.
However, government this year through office of the Attorney General managed to obtain Stay Order for leave to appeal against the figure which has accrued due to the period it has taken since the court ruling last year.
Earlier on the court awarded K592 million to Sunrise Pharmaceuticals Limited and K68 million to Chombe Foods Limited, but the damages accrued to K2.1 billion as in June this year and now have hit K3 billion in total.
MBL lawyer Tamando Chokotho on Friday told the panel of Judges made of Justice Jane Ansa, Justice Dustin Mwaungulu and Justice Frank Kapanda that government ill-timed its application for appeal, arguing court should not condone laxity especially on the part of the AG.
The AG had earlier on argued that they delayed to file for an appeal as they misread the law.
“Attorney General needs to exercise more urgency in matters where the amount involved quite substantial. He was supposed to exercise seriousness and diligence. The court should therefore discharge the Order to set an example for other practitioners to be more serious when approaching the court of law,” argued Chokotho.
Lawyer Madalitso Kausi representing the AG agreed that his office made the mistake on how the application was filed due to what he described as pressure “due to the amount of money involved the case.”
Kausi was quick to point state that his office was ready to file for fresh application if the court decides otherwise, but urged the court to consider the application as the matter was of national importance.
Justice Ansa has since adjourned the case as the court waits for its ruling within two week.
The High Court in June this year gave the AG and the Secretary to the Treasury 90 days to pay MBL the compensation.Follow and Subscribe Nyasa TV :