Nomads relief short-lived

The High Court’s Commercial Division in Lilongwe has upheld an earlier ruling by the High Court for Mighty Wanderers to pay America-based sportswear firm Nsejjere about K565 million (US$1 388 206.4) in damages for breach of contract.

According to information gathered by The Nation from the lawyer representing Nsejjere, Moses Nkhono, the ruling was made on March 19 by the court’s registrar Gift Makanje following Nomads’ failure to pursue the case after the High Court set aside an earlier order to pay the damages.

Nkhono said following Nomads’ successful application for a stay, the two parties were supposed to proceed with mediation within 21 days, but claimed that the Nomads failed to comply.

“So, we went back to the court and the ruling came on March 19 and assessment of damages was made by Her Honour Mrs. Makanje.

“The actual damages were K565 million, but there were also denominal damages amounting to K100 000,” said Nkhono.

He said the next step will be to serve the Nomads with the ruling and enforce payment of the damages.

However, Wanderers legal adviser David Kanyenda, who doubles as the club’s general secretary, yesterday said they were yet to be served with any court process.

“Maybe they sent [the documents] via post. We will enquire from the court registry and then we can comment,” said Kanyenda.

In March last year, the High Court ordered the Nomads to pay damages equivalent to the value of 20 000 T-shirts at $10 each for the seven-year duration of the contract [which was about K528 million then].

Nsejjere sued Nomads in October 2012, seeking damages in excess of $1.5 million [then about K480 million] for breach of contract.

Then, Kanyenda vowed to contest the proceedings as well as prosecute their counter-claim.

He also said for the avoidance of doubt, the Nomads would not wear Nsejjere kit.