Court grants injunction against demolition of houses

Traditional leaders from Nambo, Traditional Authority Kampingo Sibande in Mzimba have obtained a court injunction restraining government from destroying their houses to pave the way for the construction of police houses.

Ironically, it was the same Mzuzu Magistrate’s Court that ordered on September 18 2020 that the houses be demolished from September 25 on the basis that they are within the land belonging to Malawi Police Service.

The ruling was made in a case involving one of the residents, Jameson Chagwadala Phiri who was arrested in December 2019 for staying on the land that was allocated to police.

However, through lawyer Leonard Mbulo of Mbulo Attorneys, Phiri appealed to the High Court, seeking a stay on the order which the Magistrate’s Court  had granted.

Reads the order: “Upon hearing counsel Leonard E Mbulo on behalf of the convict and upon reading the affidavit in support of the application, it is ordered as follows:

“That an order for destruction of the buildings on the land situated at Nambo in the City of Mzuzu be and is hereby stayed pending the hearing and determination of the appeal lodged in the High Court of Malawi.”

Mbulo said they lodged an appeal to the High Court because his clients are not satisfied with the findings of the magistrate’s court which held that the land belongs to MPS.

Minister of Lands Kezzie Msukwa said he was yet to receive the petition from the community members who are demanding compensation.