3 October, 2022

High Court reserves ruling on fresh applications in sale of Gam filling station case

The High Court in the commercial division in Lilongwe has reserved to October its ruling on a matter relating to the sale of Gam filling station which was seized by sheriffs.

In the case, the initial owner of the filling station located in Lilongwe, Gerson Mkweza, has applied for disclosure of documents and removal of Realsim company from the case.

Lawyer representing Mkweza, Jimion Nyanda, has pointed out that their argument is that the procedure executed was irregular and was initiated prematurely.

“Another application that we have made is for the production of documents that will assist us to prepare for the assessment of damages.

“In the next court proceedings, we will have applications on the way the filling station was disposed off because by law when sheriffs have seized property, among others the property can be sold after six months,” explained Nyanda.

Nyanda has further indicated that in an application of removing Realsim as a party to the case, they believe issues under contention can be decided without the court hearing from them.

He insists they are challenging the execution of processes that were initiated by the claimant and not Realsim, hence the party does not need to be in the case.

Lawyers Kaekeni Kaphale and Jimion Nyanda coming out of court

As the case proceeds, another application that will further be considered will be on setting aside of execution processes relating to the way Gam filling station was sold.

The filling station was seized by sheriffs at a time Gam investments and Fuels Limited failed to settle 747-million-kwacha legal fees in a misunderstanding it had with Masters Boreholes Drilling Company. Registrar of the High Court, Anthony Kapaswiche is expected to pronounce his ruling on the first two applications on 3 October.

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