IN THE HIGH COURT OF MALAWI

PRINCIPAL REGISTRY

CIVIL CAUSE NO. 682 OF 2001

 

 

 

BETWEEN:

 

HON. B. J. MPINGANJIRA ………………………………..…………PLAINTIFF

 

AND

 

CHITAKALE TEA AND COFFEE ESTATES LIMITED ……1ST DEFENDANT

 

THE ATTORNEY GENERAL …………………………………….2ND DEFENDANT

 

 

CORAM:   CHIMASULA PHIRI, J

                R. Kasambala of counsel for the plaintiff

                K. Kaphale of Counsel for the Defendant

                Mrs Matekenya – Court Clerk

 

 

 

ORDER IN CHAMBERS

 

 

This is one of the matters the Parliamentarians used in their attempt to remove me from office.  It is unfortunate that the events which unfolded between November 2001 and May 2002 have left indelible marks on my professional career.  If I decided this matter in favour of the plaintiff, the defendants would think I am going flat out to revenge for the suffering I went through during the aforementioned period.  Equally, if I decide in favour of the defendants, the plaintiff and the rest of the society would undoubtedly think that I am ready to abrogate my oath of office and please the defendants and their associates.  In the circumstances I strongly feel, though with deepest regrets, that I should recuse myself from further handling this case.  The matter will have to be argued afresh before another judge.

 

MADE in Chambers at Blantyre this 12th day of June 2002 at Blantyre.

 

 

 

 

CHIMASULA PHIRI

JUDGE