Malawi Court Orders Sheriffs To Seize and Sale APM’s Movable Property

The High Court in Lilongwe has ordered Sheriffs to seize property worth about K22 million belonging to former President Peter Mutharika and former secretary to the government, Lloyd Muhara, for failing to pay legal costs.

The two were found guilty of forcing Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea to go on leave pending retirement and were ordered to shoulder legal costs put at K69 million.

However, a seizure order which we have seen issued by Justice Kenyatta Nyirenda dated May 4, 2021, at Lilongwe High Court Registry shows that the two only managed to pay K47 million, and now face sheriffs for the remainder of the money.

Mutharika and Muhara, were on March 12, 2021, ordered to pay K69.5 million in legal fees to lawyers representing Malawi Law Society, Human Rights Defenders Coalition, and Association of Magistrates in Malawi.

The three institutions sought a judicial review on the decision by Mutharika through Muhara to send Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea on leave pending retirement ahead of the court-sanctioned fresh presidential election on June 23, 2020.

They argued the decision threatened judicial independence, an argument the court upheld.

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