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High Court Gives Businessman, Seven Defendants One Week to Negotiate in Property Dispute

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By Staff Reporter

BLANTYRE, Malawi – The High Court of Malawi’s Commercial Division has given businessman Chaudhary Azhar Mahmood and seven defendants, including Karim Batatawala, seven days to negotiate an out-of-court settlement in a dispute over a house allegedly sold unlawfully following a failed business transaction.

The matter came before the Commercial Division on Monday, where the court directed both parties to engage in negotiations and report back next Monday on the progress of discussions relating to an injunction previously obtained by the claimant.

Mahmood is seeking to recover a residential property which he claims was unlawfully disposed of after a business arrangement with Batatawala and his son turned sour.DAY LIGHT ROBBERY: Batawalala under fire, tops govt claims list, wants to milk taxpayers K250billion

Speaking to journalists after the court proceedings, lawyer for the claimant, Bright Theu, said the dispute originated from a commercial agreement linked to a contract Mahmood had secured with the Malawi Rural Electrification Programme (MAREP).

According to Theu, Mahmood approached Batatawala and his son to assist with the supply of electrical materials required under the MAREP contract.

“The arrangement was that Mr Mahmood had a business dealing with Batatawala and his son to supply electrical materials for the MAREP contract. Batatawala required that Mr Mahmood provide his house as security for the transaction,” said Theu.Embattled Abdul Karim Batatawala Loses Corruptly Acquired Museum Of Malawi Land Court Case

The claimant alleges that the property was later sold without lawful authority, prompting him to seek legal intervention to recover the house.

The injunction currently in force is aimed at preserving the status of the disputed property while the court considers the merits of the case.

When contacted for comment, a lawyer representing some of the defendants declined to discuss the matter, saying it is a private case that is currently before the court.

Judge Jabbar Alide is presiding over the case and has directed the parties to use the next seven days to pursue negotiations before returning to court next Monday.Corrupt Asian businessman Abdul Karim Batatawala captures Chakwera’s State House

Should the negotiations fail, the Commercial Division is expected to proceed with hearing the substantive issues, including whether the property was lawfully sold and whether Mahmood is entitled to recover ownership.

The outcome of the case could have significant implications for commercial transactions involving property used as security, particularly regarding the legal processes that must be followed before such assets can be disposed of.

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