The High Court in Lilongwe on Thursday ruled in favour of incumbent member of Parliament for Dedza East (MCP) Juliana Lunguzi after her opponent in the Malawi Congress Party (MCP) primary elections, Patrick Bandawe failed to commence a case against the decision to declare her winner.
Bandawe obtained an injunction restraining MCP from declaring Lunguzi winner disputing results of the primary elections as he claimed unfairness in the way they were handled.
In his ruling, judge Kenyatta Nyirenda said having granted the injunction, the court proceeded to lament that no attention at all was being given to the main action by the parties.
The judge said more than 17 days since the delivery of the court’s ruling in which it made a clear call for the parties to give the case urgent attention it deserves, Bandawe has taken no steps at all during the period to prosecute the main case.
He noted that the case may have been brought to court by Bandawe “for some other ulterior or collateral purpose.”
Nyirenda stated that it is “abuse of process of the court”
The judge said the claimant is aware that the closing date for submissions of nomination papers to Malawi Electoral Commission is February 8 2019 but Bandawe is not keen to prosecute the case with dispatch.
Judge Nyirenda said the delay in the matter is “intolerable.”
He quoted the words of Lord Denning: “They have lasted so long as to turn justice sour.”
Nyirenda ruled that he has no option but to strike out the proceedings with costs.
“It is also ordered, For avoidance of doubt, the injunction also falls away.” The judge ruled in his Chambers on Thursday.
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