Independent presidential candidate Kaliya loses K4.5m case against National Bank of Malawi

Independent presidential candidate in the May 21  2019 tripartite elections Rev Hardwick Kaliya has a lost a case against National Bank of Malawi (NBM) in which he was claiming damages for false imprisonment, malicious prosecution, defamation and a refund of the sum of K4 500 000 plus interest and costs.

Rev Kaliya: Independent presidential hopeful

Kaliya through his lawyer Shepher Mumba told High Court Judge Dingiswayo Madise that on or about March 7  2012, he sold a Mercedes Benz E200 motor vehicle to buyers from Lilongwe at a purchase price of K4.5 Million which was deposited into his account.

He,  however, failed to disclose the names of the people whom he was dealing with in the car sale.

Kaliya further told the court that when he presented his cheque for encashment at the defendant’s bank on 9th March, 2012 he was told the account has a problem, he was later summoned to Victoria Avenue Branch where he met a Mr. Chalunda, former Investigation Manager for bank who called the police and he was arrested and locked up for 10 days.

The complainant was charged with the offence of obtaining money by false pretense to wit an intention to defraud by obtaining K4.5M electronically from the account of Natural Resources College (NRC).

The defendant through lawyer Tamando Chokotho denied the allegations on the premises that they did not give instructions to the police to arrest the claimant and that the bank cannot refund the K4.5 million claimed by the claimant on the basis that the transaction involving the alleged sale of the motor vehicle was fraudulent.

Investigation Manager for National Bank under the Audit and Investigation Department Fyson Thomas, one of the four witnesses which the defense paraded before the court said  the money in question was transferred electronically from the Natural Resources College’s account by their staff using a password for the college.

He said the transfer was made from a computer at the college campus into the Kaliya’s account, a statement which Chalunda, corroborated.

Chalunda told the court that the transaction was suspicious as the complainant’s account did not have a history of large deposits.

In his ruling, Madise found that there was no evidence that a vehicle was actually sold to this buyer from Lilongwe.

“In my considered opinion the complainant is not telling the truth. I find that there was no car in the first place. I find that there was no buyer or his driver from Lilongwe. This was a transaction which was made to defraud NRC and I am convinced on a balance of probabilities that the complainant knew of this fraudulent transaction although he was not successfully prosecuted,” reads part of the judgement which Nyasa Times has.

Madise further noted that fraud was detected and it actually occurred, the discharge of the claimant in the criminal matter notwithstanding, there was reasonable cause to arrest the complainant.

He then ordered that the said sum (tax payers money) K4.5 Million which the complainant and others unknown attempted to defraud  must be returned to NRC with immediate effect.

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National CEO
Guest
National CEO

So we will have many thieves on the ballot paper to chose.

Ndendeuli
Guest
Ndendeuli

Wawina kale uyu!!!! Zanu zimenezo ma haters!

Mirella K
Guest
Mirella K

Now I even don’t understand why he has not been re-arrested or sqeezed to name who are the thugs he was conniving wth at NRC and why NRC management couldn’t notice such a huge some missing . Our institutions sucks!

PHANANA
Guest
PHANANA

muzimukhululukira munthuyo ndifukwa amati azabweretsa ma ambulance ahelicopter which is impossible kkkkkkkkkkk

Che Yusuf
Guest
Che Yusuf

I would not say anything without hearing the whole story coz there is alot that is not explained here and we know that large conglomerates like NBM are capable of diverging justice in their favour.

Game
Guest
Game

Just like Nchilima. These are crooks

Khima
Guest
Khima

Corruption is in us and we then become leaders…..tisamataye nthawi kulimbana ndi munthu mmodzi we need a sweeping solution.

Ntondo
Guest
Ntondo

MEC should disqualify this fraudster….komanso our legal system ndi mbola case ya MK4.5million mpaka 7 years?

CHIPYELERO
Guest
CHIPYELERO

Ayamba kusolola asanalowe nkomwe ku State House?

bae
Guest
bae

kkkkkk

Aka
Guest
Aka

Hmmmmmm what a shameful ending. Let him defend himself. However, with his lawyer he has failed to prove his case. Such a man becomes a presidential candidate. MEC, is there any reason why such a candidate should be on the ballot paper?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????