CIVIL CAUSE NO. 214 OF 2002
FRAZER SIMONI MAMBALA...............................1ST PLAINTIFF
MAMBALA MAIZEMILLS (Pvt) LTD.....................2ND PLAINTIFF
AZITA MAGANGA...........................................1ST DEFENDANT
LAWRENCE, FANNY, FLORENCE,
On the very date that the action commenced, the plaintiff through an ex-parte application, secured an interim order of injunction against all the defendants restraining them from the interferences above-mentioned, pending the determination of an action on distribution of property in the Zomba Magistrates Court, or until after trial of this action or until further order. By 11th February, 2002 the plaintiffs were back at court with another ex-parte summons. This time it was for leave to apply for committal of five out of the set of second defendants and one of their servants of unknown name. The leave to so proceed with committal proceedings under Order 52 rule 2 of the Rules of Supreme Court was duly granted by Hon. Twea, J. on 12th February, 2002.
Following this the plaintiffs have taken out a Notice of Motion for Committal proceedings. Per affidavit of Mr Alfred Dickson Kimu, a Court Marshall, the Notice of Motion was personally served on Fanny, Florence, Joan, Fatuma, Lydia and Inness Mambala along with its supporting affidavits. Dates of hearing for the Notice of Motion have changed twice, but it is clear that as regards today’s date of hearing, per affidavit of service sworn by one Raphael Manja, the concerned defendants were alerted of the hearing date through service on their lawyers on 23rd April, 2002.
Upon reading the Notice of Motion and its supporting affidavits and
also upon taking evidence viva voce today from two witnesses which in material
particulars has amply buttressed the affidavit evidence, it has become
quite plain to me that the five named defendants from the group of second
defendants have intentionally, subsequent to the issue
It has been established beyond reasonably doubt that well knowing that, inter alia, they are barred from interfering with the businesses of the plaintiffs, they have deliberately and repeatedly been to the maizemills of the second plaintiff in Ndirande and in Nkolokoti and overthrown the workers from their jobs and done the measuring, charging for, and milling of customers’ grain and taken away the money so made, apart from removing parts of the maizemills at times to disable staff working the mills and only restoring them when they are themselves forcefully running the business. This conduct, no doubt in my mind, amounts to contempt of the injunction order which is in force and which has not yet been set aside. I do hold therefore that the five named defendants are guilty of contempt of court and are liable to committal as prayed in this case. I accordingly order that for the contempt above found proved the five earlier named contemnors in the group of second defendants be committed to Chichiri Prison for a period
Pronounced in open Court the 3rd day of May, 2002 at Blantyre.