Mulli asks for more time to respond to state application to dismiss K270bn claim

A lawyer representing Mulli Brothers in the K270 billion claim from government at the High Court in Blantyre has today asked for more time to respond to an application by Attorney General (AG) Thabo Chakaka Nyirenda to dismiss the case.

Mulli and five others in the case sued Ministry of Agriculture after they were removed as transporters in the 2012/13 farm input subsidy programme, demanding the K270 billion plus interest.

Justice Allan Muhome adjourned the case to 24th May, 2024 after lawyer for the claimants, Gonjetso Dikiya, asked for more time to prepare his response to the AG.

In his application to dismiss the matter, the AG, representing Ministry of Agriculture, wants the matter dismissed on points of law and/or strike it out for being irregular.

The AG raised two issues in the application: Whether the claimants failed to comply with the strict provisions of section 4 of Civil Procedure (Suits by or against the Government or Public Officers) Act; and whether the present matter is statute-barred, coming more than six years having elapsed since the cause of action arose.

The court has ordered that the AG should not file witness statements until preliminaries have been disposed.