The High Court has faulted former Cabinet Minister Kezzie Msukwa for court-shopping in his judicial review case which was first filed in Zomba before being transferred to Lilongwe.
Judge Redson Kapindu said this in his ruling in the case in which Msukwa wanted the court to cancel his arrest on the basis that it was illegal.
Kapindu noted that Msukwa decided to file his initial Judicial Review application at the High Court, Zomba District Registry, even though he was arrested in Lilongwe where he also stays.
“I must still mention, in this regard, perhaps by way of restatement, but so as to continue sending a strong message, that these courts have spoken with spotless clarity, and several times now, against the practice by some litigants of forum shopping.
“After going through the record of the present proceedings, and indeed hearing the testimony given, including the testimony of one of the Counsel for the 1st Claimant Mr. Lugano Mwabutwa, I find that it was grossly improper that the application for judicial review herein and for the attendant stay of the Respondent’s decision, had to be made at the Zomba District Registry of this Court,” said Kapindu.
He, however, pointed out that Justice Zione Ntaba who handled the matter in Zomba “wisely decided, in view of all the circumstances surrounding the matter, that it was proper that the matter be transferred to the High Court, Lilongwe District Registry which was clearly the most convenient and appropriate forum for commencing such proceedings.”
Kapindu in his ruling dismissed Msukwa’s argument that his arrest was illegal.
Msukwa was arrested by Anti-Corruption Bureau (ACB) in December at Partners in Hope hospital in Lilongwe where he was receiving medication. His arrest was on allegation that he facilitated the illegal sale of land to a businessperson at the time he was Minister if Lands. Msukwa is alleged to have received millions in bribes and a vehicle following the dubious deals.
Msukwa applied for judicial review over the decision of ACB to arrest him while hospitalized.
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