High Court summons lawmaker over controversial K0.6 billion house sale
The Malawi High Court has dragged lawyer and lawmaker Silvester Ayuba James into disciplinary proceedings over potential professional misconduct.
In a strongly worded ruling delivered on May 19, 2026, Justice Jean Rosemary Kayira accused Ayuba of possible professional misconduct as she overturned a controversial K0.6 billion matrimonial property sale in Lilongwe.
Justice Kayira nullified the sale of property under Land Title Number Njewa 9/420 after finding serious procedural irregularities, transparency concerns and possible conflict of interest in the valuation and disposal process.
Key Facts
- Country: Malawi
- Lawyer summoned: Silvester Ayuba James
- Case: Antonio Manuel Jussub vs Anjum Jussub
- Property: Land Title Number Njewa 9/420, Lilongwe
- Value: K595 million, approximately K0.6 billion
- Judge: Justice Jean Rosemary Kayira
- Ruling date: May 19, 2026
- Decision: Sale set aside and fresh valuation ordered
The dispute arose from divorce proceedings between Antonio Manuel Jussub and Anjum Jussub, where the court had earlier ordered that matrimonial property be shared 55 percent to the applicant and 45 percent to the respondent.
The property was later valued at K595 million before being sold through a court-supervised process now declared flawed by the court.
Although Justice Kayira acknowledged that the respondent’s side consistently communicated with the applicant’s lawyer throughout the proceedings, the judge said the process used to appoint and utilise the valuer raised troubling concerns.
“This Court agrees that the absence of such stages in the process is procedurally fatal. The combination of duties intrinsically create an appearance of bias and conflict of interest,” ruled Kayira.
The judge faulted the apparent “single sourcing” of the valuer and stressed that proper procedures ordinarily require comparative assessment of multiple quotations to ensure fairness and transparency.
“A process would not be through single sourcing. It always involves assessment and scrutiny of not less than three quotations from agents by the Registrar,” the ruling states.
The court also took direct aim at Ayuba, accusing him of failing to properly communicate with and guide his client during the sale process.
“It is striking to note the loud silence from the Applicant,” the judge observed.
Justice Kayira ruled that the applicant should not suffer because of failures by his lawyer.
“This Court agrees that the Applicant should not be punished due to the conduct of his legal practitioner,” the ruling states.
The court consequently set aside the sale entirely and ordered fresh valuation and disposal procedures under stricter court supervision.
Justice Kayira also ordered Ayuba James to appear before the court and explain why disciplinary action should not be taken against him under the Legal Education and Legal Practitioners Act.
The judge said the lawyer’s conduct may have breached professional ethics and had “far-reaching effects” on both the litigants and third parties involved in the failed property transaction.
This is not the first time Ayuba has faced questions over professional conduct.
In August 2013, the Disciplinary Committee of the Malawi Law Society recommended to the Chief Justice that Ayuba be struck off the roll of legal practitioners after finding that he had embezzled over K11 million from his client, Billy Matitha Gama contrary to Section 89(2)(m) of the Legal Education and Legal Practitioners Act (Lelpa).
Ayuba later obtained an injunction restraining action on the findings and recommendations of the Malawi Law Society Disciplinary Committee
