Members of the breakaway faction of Livingstonia CCAP Synod at Kanengo in Lilongwe have obtained an injunction stopping execution of the High Court ruling on ownership of property pending an appeal case.
The breakaway faction sought the appeal in the Malawi Supreme Court of Appeal barely a day after High Court judge Charles Mkandawire ruled that Livingstonia Synod of the Church of Central Africa Presbyterian (CCAP) was the rightful owner of the Kanengo congregation property.
Appeal judge Jane Ansah, senior counsel (SC), granted the faction led by the Reverend Chimwemwe Mhango the order to put aside execution of judgement on Tuesday this week.
According to a notice of appeal filed before the Supreme Court by the faction’s lawyer Zeros Matumba, the breakaway group is dissatisfied with the High Court’s judgement made on December 10 2015.
The group has presented six grounds of appeal.
In his judgement, Mkandawire pleaded for tolerance among the two factions and asked them to resolve their differences within the church structures, explaining that the courts should only be used as last resort. n