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| National |
| Court reinstates Chilumpha |
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by
Mabvuto Banda, 22 March 2004
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19:21:01
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The High Court Monday gave a temporal order to UDF running mate Cassim Chilumpha to go back to Blantyre Print & Publishing company as chief executive and chairman of late Kamuzu Banda’s company.
Chilumpha, who was fired last week by Dr Banda’s family on grounds that he failed to perform because of his political engagements, applied for an injunction through his law firm Racane &Associates.;
Chilumpha’s lawyer Chimwemwe Kalua said in an interview Monday he decided to get the injunction based on the memorandum and articles of association of BP&P.;
Said Kalua :“The decision to dismiss the chief executive should have come from the board of directors of the company but they never met and pass any resolution to dismiss the chief executive.”
“I also argued before the court that the letter dismissing Chilumpha came from the Chendawaka family and the Chendawaka family are not shareholders of BP&P.; The shareholders are Chayamba Trust and Mtunthama Farming so the Chendawaka family has no effect on the business of BP&P.;”
Kalua said because of the absence of board resolution, the court ordered that the status quo be maintained and that the letter from the Chendawaka family firing Chilumpha has no effect until a further court order on the matter.
But Monday, family spokesperson Ken Kandodo said they have challenged the injunction.
“We don’t understand why the courts granted him the injunction in the first place because as shareholders we have the right to remove him and we used what is in the terms of the contract,” Kandodo said.
The Banda family is set for yet another court battle after fighting with the MCP president John Tembo over property Banda left, with the BP&P; being at the centre of wrangle.
In this case, the family have engaged Nyirenda, Msisha & Company. |
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