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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Hunda
Guest

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

Jabuse
Guest

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

jack
Guest

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

Shumba
Guest
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… Read more »
JHenderic
Guest

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

Jum
Guest

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

Bubu
Guest

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.

Jusper
Guest

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

Nambu
Guest

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

Nachisale
Guest
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… Read more »
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