The High Court in Mzuzu has thwarted fervent efforts by Mzuzu based lawyer George Kadzipatike to obtain an ex – parte order to stall the installation of Ackim Kawonga as the rightful heir of the Chief Nthalire chieftaincy arguing that the delay for application reeked suspicious.
Judge Kawonga (his real) had for years claimed that he is the rightful heir to the chieftaincy and on many occasions had stopped the government and the District Commissioner through Kadzipatike of Jivason and Company from going ahead with the installation claiming there was an order from the High Court.
In the court summons filed in December, it is stated that after the death of Rabson Kawonga, who came from the Chaghalala family, succeeded a ruler from the Zambwe family and it is now the turn of the Chikunguweya family to which Judge belongs.
The first defendant—Ackim— belongs to the Zambwe family.
But NyasaTimes has seen Court documents under civil cause number 207 of 2017, which reveal that on November 27th, 2017,Kadzipatike, who has a penchant for injunctions, only filed summonses to make an inter-parties application for an injunction.
However, in surprise turn of events, Kadzipatike, surfaced on 19th January 2018 with an application to make an urgent ex-parte for an injunction.
But Judge TJ Ligowe had no kind words for his antics.
“It doe not make sense to me… to bring the present application and pretend it is urgent when he had all the time to make an inter-parties application. The application is dismissed,” Judge Ligowe said.
Knowing fully well that there is no Court order, on January 30th 2018, Kadzipatike brazenly stopped Minister of Local Government, Kondwani Nankhumwa from installing Ackim Kawonga as the Chief Nthalire of Chitipa claiming there is unresolved court case.
The Minister, who was in the Northern Region, had to be stopped in his tracks when he was warned of contempt of court charges as Judge Kawonga, through his lawyer, George Kadzipatike had served Nankhumwa and the District commissioner (DC) with only a letter and not a Court challenging their decision to proceed with the installation while the matter was in court, saying the installation would have been illegal.
“Guide the minister to pend the installation until conclusion of the matter in High Court,” reads the letter in part.
Lawyer Kadzipatike even had the temerity to school government on the need to respect Malawi saying in the letter that government should learn to respect court orders.
Seven months done the line on 21st August 2018, Kadzipatike eventually filed an inter-parties application on a certificate of urgency again wanting to stop the coronation of Ackim Kawonga, which had been set on 24th August 2018.
“Having refused to grant the injunction ex-parte on 23rd January, I have the same question that why did Judge Kawonga have to wait until 21st August to bring the inter-parties application… when he had all along knew that Ackim kawonga would be installed chief any time.
“This smacks of lack of seriousness on the part of the claimant to prosecute this matter,” the Judge ruled.