By Leo Mkhuwala, MFN
Malawi’s Top Most Court Throws Out Appeal Case To Have The High Profile Presidential Election Dispute Case Discontinued
The Supreme Court of Appeal has on Thursday ruled, that the high profile presidential election duspute case, currently being heard in the Constitutional Court should not be discontinued.
The judgement means, contrary to the wishes of lawyers representing President Peter Mutharika, the Presidential elections case in the Constitutional Court will continue.
The ruling came after a panel of seven Judges led by Justice Andew Kamanga heard and scrutinized the arguments made by lawyers representing President Mutharika and those representing the MCP President, Lazarus Chakwera and his counterpart in the case, UTM President, Saulos Chilima.
Said Justice Nyirenda in his ruling : “These matters are appealable under provisions 21 and 23 but proceeding from there, we notice a couple of issues; (A) there are no notice appeal files by the first appellant (b) there is a notice of appeal by the second appellant but the matters and not the second appellant in the court below.”
“Having made these observations, having heard the skeleton arguments and having heard counsel this morning orally and having considered the matter in entirety, we dismiss the matter with costs.”
On Wednesday, the Constitutional Court had adjourned to Friday, the ongoing Presidential election dispute case in order to allow Court of Appeal to deliver its judgement on Thursday.