The High Court has today issued a seizure and sale order against former president Peter Mutharika and former secretary to the President and Cabinet Lloyd Muhara following their failure to square off part of legal costs after they were faulted for trying to force Chief Justice Andrew Nyirenda and Justice Edward Twea to go on leave pending retirement.
According to the order (reprinted here), out of the sum of K69, 507, 461, the two were supposed to pay they have only managed to pay K47, 437, 125.11 and they remain indebted to the applicants in the sum K22, 070, 335.89.
The court has ordered the sheriff of Malawi to seize all moveable property of Mutharika and Muhara, ‘except that exempted from seizure under the Sheriffs Act’, so as to realize the judgement debt.
The order also advises the Sherriff to recover from the two the costs of their execution of the enforcement order dated today.
On the order, the registrar has appointed Imran Matola, Sheriff at Judiciary of Malawi to execute the order.
The court has made the order following the State’s submission , on the application of Human Rights Defenders Coalition, Association of Magistrates in Malawi and Malawi Law Society who are the first, second and third enforcement creditors respectively, while Mutharika is first judgement debtor, and Muhara the second judgement debtor.
Following the earlier ruling that ordered the two to pay the cost, the High Court in Lilongwe dismissed an application by the two to stay execution of order for costs, pending review of assessments of costs.
In the initial cases lawyers for Malawi Law Society, Human Rights Defenders Coalition and Association of Magistrates in Malawi asked the court to order the two to personally meet costs of the case.Follow and Subscribe Nyasa TV :