Chihana loses katapila case, court orders sale of 2 vehicles

August 7, 2020 Owen Khamula - Nyasa Times 50 Comments

The High Court in Lilongwe has ruled that a katapila (usury) man whom Alliance for Democracy (Aford) president took K5 million in back-street loan arrangement must get the Aford leader’s two vehicles and sale them.

Chihana: Loses case on Katapila

In a ruling read by the registrar of Commercial Court Anne Zungulira on Thursday in Lilongwe, the court ordered that the two vehicles; a Land Rover Discovery registration number RU 779 and a BMW RU 741 be surrendered to the katapila man for sale because Chihana failed to pay back the agreed amount of money at an interest of 100 per cent which means he had to pay back the katapila man K10 million.

According to High Court Lilongwe registry documents, Chihana took K5 million from E.Kabuli in March, 2020 and agreed to pay back K10, 125, 000 in katapila loan arrangement at the rate of 102.5 per cent interest to be paid within 20 days.

He pledged his two vehicles; a BMW registration number RU 740 and Land Rover Discovery registration number RU 7799.

Chihana serviced the katapila loan and paid as follows; paid K2 million on April 16, 2020, K1 million on April 30, 2020, K1.6 million on April 15, 2020 amounting to K4.6 million.

“That following this the claimant agreed to discharge one of the vehicles I had put as security namely BMW RU 740 as the other vehicle that was left with him Land Rover Discovery RU 7799 was more valuable than the balance of the money ie MK5,528,000.

“That I was out of the country I could not manage to settle the balance within the agreed time,” says Chihana in a sworn affidavit.

Chihana says he surrendered the Land Rover Discovery so that Kabuli could sell it, saying the value of the vehicle was K20 million.

He said Kabuli obtained a court to sell the Land Rover Discovery to which Chihana did not contest, knowing that the katapila man would get more than the K5.5 million balance.

“That I was thus shocked when the sheriffs of Malawi seized my vehicle BMW registration number RU 740 that I had duly redeemed when I paid the sum of MK4,600,000.

“That I was surprised because as far I know the claimant’s claim as pleaded in this action was duly satisfied with him getting the order to sell the Land Rover Discovery RU 7799 that he expressly and specifically prayed to this court and is this action,” he says.

He then asked the court to pend the seizure and the sale of the vehicle.

In an interview this week, Chihana said party parliamentary candidates in the May 21, 2019 poll took the katapila to pay for their nomination fees to MEC.

However, the dates do not correspond and the candidates have vehemently refuted this claim.

Follow and Subscribe Nyasa TV :
Follow us in Twitter

50 replies on “Chihana loses katapila case, court orders sale of 2 vehicles”

  2. Katapila is illegal in Malawi. The only entities that are given a licence to operate katapila are commercial banks. 🙉

  4. amaendera SISITIMU UYU. SELF ABDUCTION YA PA KWACHA IJA SEMUSEMU.
    KATAPILA???? KKKKKKKK.

    FULISHI BASTARD

  6. I am not a lawyer but I know for sure that Katapila is illegal in Malawi, so the court erred in its judgment. Both the Katapila man and Chihana should have been expediently committed to a long term in jail for doing illegal business. Period.

  7. Achitsiru awa, Chakufwa anali dolo osati anzake a Atupele wa, oyendera maina a DAD, shupiti

  8. I am missing something here. How can one benefit from an illegal business transaction? Katapila is illegal. Was Chihana represented by competent lawyers? Is he going to exercise his right to appeal?

    2. Katapila is just aa word that has been used by the writer. The point is Chihana borrowed money to be paid back at an interest. Its not a crime to lend someone money. There is nothing insinuating that the borrower was operating a money lending business without a licence. This is a case of a single transaction between two people. If the katapila man operates this kind of business then that is a different case of which the court can act if it is moved. The court can not assume that the katapila man does that regulary after all it is informal

    4. Surprised as well, the rule of law is very straight forward, you do not seek equity with dirty hands.

  10. Just two days ago Chihana was boasting that he is “Super rich” and flies the business class, what has happened to the richest guy. Ukalemera usamenere pagulu akulu amatero. By the way, where are the Tonse Alliance guys to bail him out

  11. This is weird. First time to hear that a katapila Mafioso has sued someone in a court of law, let alone that s/he has won the case outright. Only in Malawi!!

    But is Badada Chihana really this stupid, or is he simply acting dumb? Will he allow a katapila walk away with two of his cars? Just like that?

  14. Where is Reserve Bank of Malawi?
    Only banks are mandated to lend money. This Katapila and forex black market must be curtailed.

  15. Some of the judgenents leave a lot to be desired. Is Usury now a legitimate financial business in Malawi , reporting to the Reserve Bank of Malawi. This has set a bad precedent . One can only assume these people taxes on the huge profits made..

    1. Do you remember the interest cap bill tgat was shot down some two years ago? This is how people will end up paying for inconsiderate decisions

  16. Katapila is illegal, how come this magistrate allows the shark to win a case?Is this magistrate following the laws of Malawi?Kapena ali ndi ake?Judiciary judiciary….

    2. Katapila case being won win court…by katapila business man…what happened ..I hear katapila is illegal….mmm

  17. Questions: Are katapila people duly registered as lenders in the same way like banks? In the absence of this, isn’t this money laundering? One wonders how the court came up to this litigation or was it purely on breach of contractual agreement though it’s legality doesn’t matter?

  18. Kodi katapila ndi bussiness yovemelezeka ndili boma? Ngati zili chonchi, akatapila should register their bussiness and shoild abide to taxation laws etc

  20. Ah ah ah
    Zochititsa maniazi kwabasi
    Ukanangopita kwa mwenefumbo
    nkukadzichepetsa
    Ukanakatenga yopanda katapila
    Koma tukumutukumu ndiye wakuphetsa

  21. I am shocked at the courts judgement and I hope all maalwians including all legislators see this message. Firstly usury is illegal and that is charging crazy interest rates. So how the hell did a court rule in favour of the katapila guy. Its illegal. Full stop. The court here has set a truly stupid precedent. I’m surprised. Katapila people should be executed.

  22. Mwana wa Simbi ya Moto bwaaanji??? Tonse liance sinagwire. Paja Chipani chanu mu liance chinali nambala chani? Waona nnyyeekkhhwwee

  24. Komatu a Bushiri munthuyu munakamuthandiza ngakhale nanu zakufinyani ndi covid…yu mmesa mukuti ndi wa vepi wanu

    1. Ndimayesa ndalamazo amakahonga bushiri yemweyo (worshiping). Wazikupa za anthutu bushiriyu.

  27. Koma anthu akatapila ndiye atasa…mpaka kumawina milandu zoona ndiye achambaso ayamba kuwina basi kupezeka ndi chamba no mulandu

  28. KKKKKKK tHIS IS WHAT WE CALL PECUNIARY EMBARASSMENT. Mr. VChihana not fir for a public office. Mutayeni basi.

    1. Chihana has exposed his stupidity. The katapila man has proved cleverer. Chihana claims to be very rich so why did he get katapila and get humiliated like this? The guy is a fool not suitable for a party leader. AFORD should expel him. He has always treated the part as his own. No this man is just a Bushiri body guard. That’s the best he can do

  32. But does the katapila man have a licence to operate such a business in Malawi, and will he pay tax to government from the proceeds he is going to get from selling the two vehicles?

    1. I am also wondering if katapila is a legal business in Malawi. In my view, if Katapila is illegal it means the contract between chihan a and the katapila man is not legally binding and cannot be enforced by the law. Basics of business law. Chihana can successfully appeal against this ruling. Avoid hiring cheap and bush lawyers! A lawyer worth his salt can not lose this simple case, this case was dead on arrival technically

  33. Just when we thought our judicial system was in order. This katapila e.kabuli obviously bribed the magistrate to make that ruling. Katapila is illegal to start off with. This issue need reserves banks intervention to put a stop to exorbitant interest as such 100% that victimize the vulnerable.

    1. Mr V.Chihana is not a victim . He is stinking rich my friend. Did you not read what he said in the article before? kuti he flies business class in fact he said his whole family flies business class🙃

      I get your point about Katapila being illegal and it kills other people out there. 100% agreed koma osati munthu omwe amayenda bizinesi class.

      1. True blue tears, I actually meant the other vulnerable ones. Not the business class high flyer. Kikikikiki

    2. No they agreed and the Katapila man sacrificed the money.This is a lesson to people not to play around with other people hard earned money.The Katapila man was not wrong and was approached so he set his conditions and Chihana accepted.So no case to answer he was at liberty not to get the katapila or not.I support the court for the justice displayed.

Comments are closed.