The High Court in Blantyre has dismissed compensation claims by Rashid Tayub and Transglobe Produce Export Limited and has ordered the two to pay costs for the civil case.
Tayub and his company sued the Attorney General and the Anti-Corruption Bureau (ACB).
In the claim, Tayub was seeking damages for false imprisonment and malicious prosecution, while Transglobe Produce Export Limited was seeking damages for loss of business and damage to reputation. The two also claimed costs of the action from the defendants.
The claims for compensation were in relation to a case where Tayub, Transglobe Produce Export Limited and Dr. George Chaponda were implicated in the procurement of maize from Zambia.
The ACB arrested and prosecuted Rashid Tayub and Dr. George Chaponda, but the two were acquitted by the Magistrate Court in Zomba.
In his ruling on the compensation claim on Monday, Justice Dingiswayo Madise found that “contrary to the submissions by the Claimants, the ACB had reasonable and probable cause to arrest and prosecute the 1st Claimant, the acquittal notwithstanding”.
Consequently, the defendants cannot be held liable for taking what was a legally justifiable action in the circumstances of the case.
Justice Madise also ordered Tayub and his company to pay costs of the action.
ACB Principal Public Relations Officer Egrita M. Ndala said the Attorney General and the ACB have successfully defended the case and prevented the loss of tax payers’ money through the claims for compensation.
