By Chisomo Phiri
Lilongwe University of Agriculture and Natural Resources (LUANAR) students have written to Chief Justice Rizine Mzikamanda to reassign a judge for a case currently handled by Judge Ken Manda, alleging misuse of judicial powers.
According to a letter signed by LUANAR student union representative council president Overton Jere, the students have requested that a new judge be reassigned within seven days from October 11, 2024 .
They claim that reassigning another judge will ensure fairness.
The letter reads, in part:”Luanar awarded a contract to Fargo Limited for the construction of a much-needed teaching complex at the NRC Campus. However, despite receiving a substantial sum of money, Fargo failed to fulfill the terms of the contract.
“As a result, Luanar rightfully terminated the agreement and sought to recover the funds by cashing out security and performance bonds with FDH Bank. Before Luanar could recover the funds, Fargo approached the Commercial Division of the High Court and was granted an ex-parte injunction preventing the University from accessing the money.”
In the letter, the students claim that the injunction was issued without LUANAR being given an opportunity to present its case and that Manda has since never scheduled any hearings, leaving the matter unresolved.
When reached for a statement, acting registrar of the High Court of Malawi and Malawi Supreme Court of Appeal Innocent Nebi was unavailable and had not responded to our messages.
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