Lawyer, George Jivason Kadzipatike has filed grounds for appeal to the High Court this morning in Lilongwe in a case he has been ordered by Judge Justice Charlotte Wezi Mesikano Malonda to pay a whooping sum of K192,603,397.62, within 30 days of the court order.

In his file of appeal, Kadzipatike stated that the learned judge erred in law by ordering the Appellants to pay the purported value of the vehicles seized by the Sheriff of Malawi when the Seizure and Sale Order plus its execution are still in force to this day and have not been challenged by the Respondent nor set aside in any proceedings before the Court

NOTICE OF APPEAL

(UNDER ORDER III, RULE 2 OF SUPREME COURT OF APPEAL RULES)

TAKE NOTICE that the Appellants being dissatisfied with the decision of the High Court in the Order dated 16^th May, 2023 DO HEREBY APPEAL to the Court upon grounds set out in paragraph 3 below and will at the hearing of the appeal seek the reliefs set out in paragraph 4.

AND the Appellants further state that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5.

2. PART OF THE DECISION COMPLAINED OF

The whole decision

3. GROUNDS OF APPEAL

The learned Judge below erred in law by ordering the Appellants to pay the purported value of the vehicles seized by the Sheriff of Malawi when the Seizure and Sale Order plus its execution are still in force to this day and have not been challenged by the Respondent nor set aside in any proceedings before the Court.
The learned Judge erred in law by giving the Respondent a second chance to pay the Judgment debt after her ruling on 16^th May, 2023 in spite of the expiry of the statutory periods within which to pay and in spite of the Seizure and Sale Order dated 31^st January, 2022, which the Sheriff of Malawi had executed in February, 2022, entitling the Sheriff of Malawi to the possession of the vehicles and sale up to date in the event that the sale of the seized property was void.

The learned Judge erred in law by ordering the Respondent to pay the judgment sum of MK48, 541, 831.27 after her ruling dated 16^th May, 2023 which unjustifiably sets aside the statutory time-frame within which the Respondent was required to honour the Order on Assessment dated 13^th January, 2022, which has never been stayed up to this day.

The learned Judge erred in law in holding that the Appellants should pay the sum of MK192, 603, 397.62 to the Respondent as value of the vehicles seized and sold under the Seizure and Sale Order of the Court when there was no evidence before the Court proving the value of the vehicles in question and depreciation thereof.

The learned Judge erred in law in holding that the Appellants should pay the sum of MK192,603, 397.62 to the Respondent when the Respondent had never pleaded for this relief and the learned Judge had never requested the parties to address her on that relief.

The learned Judge erred in law in making orders about the said payment of MK192, 603, 397.62, criminal investigations and professional standing relating to the 1^st Appellant, when these issues had not been pleaded before the Court, and when the hearing of the matter took place on 7^th February, 2023 in the 1^st Appellant’s absence, without the Court having formally invited the 1^st Appellant to be heard on the said issues before delivering the orders against him. .

The learned Judge erred in law in indicating on the Coram of her ruling dated 16^th May, 2023 that Counsel Kadzipatike, the 1^st Appellant herein, was the one who had appeared before the Court on the hearing of the applications on 7^th February, 2023 yet the hearing of

the matter took place in the absence of Counsel Kadzipatike, the 1^st Appellant, who was never heard before the Court proceeded to make the orders against him.

The learned Judge erred in law in making orders against the 1^st Appellant who was not a party to the proceedings before the Judge, yet the Respondent had not pleaded for such orders, which the Court proceeded to make without first inviting the parties to address it before it could condemn the 1^st Appellant.

The learned Judge erred in law in unjustifiably ignoring the affidavit/ sworn statement evidence given by the 2^nd Appellant through witnesses which overwhelmingly showed that the property seized by the Sheriff of Malawi from the Respondent was sold by the Sheriff of Malawi.

The learned Judge erred in law by ignoring direct evidence from the 2^nd Appellant’s witnesses in favour of hearsay evidence and unproven communication from the Respondent’s witnesses on the question of the person who sold the property in issue.

The learned Judge erred in law in shifting the burden of proof to the Appellants when the application to set aside the order for sale by private treaty had been brought to Court by the Respondent.

The learned Judge erred in law in adjudicating on the application to set aside the order for sale by private treaty when there was uncontroverted evidence that the said order had neither been served on the Sheriff of Malawi nor been used, and the Court had communication under oath that all copies of the said Order were available with the Appellants and open for the inspection of the Court.

The learned Judge erred in law in presiding over a proceeding that was before the Assistant Registrar without any order for transfer of the proceeding to the learned Judge as required by Order 25 Rule 2 of the Courts (High Court) (Civil Procedure) Rules, 2017.

The ruling of the Court below was against the weight of evidence that was before the Court.

4. RELIEFS SOUGHT

An Order setting aside the decision of the Court below dated 16^th May, 2023 and dismissing the application to set aside the order to sell property by private treaty;

An order condemning the Respondent in costs both here and below.

5. PARTIES DIRECTLY AFFECTED BY THE APPEAL

1. The Appellants 2. The Respondent

C/O Jivason and Company, Likongwe and Company

P.O. Box 475, P.O. Box 30171

Mzuzu. Lilongwe

Dated this ……………. Day of…………………………., 2023

JIVASON AND COMPANY

[Legal Practitioner for the Appellants]

THIS DOCUMENT HAS BEEN PREPARED AND FILED BY JIVASON AND COMPANY, LEGAL PRACTITIONERS,

SITUATED OFF M1 ROAD AT SHOPRITE / KATOTO SECONDARY SCHOOL, OPPOSITE WEZI MEDICAL CENTRE, P.O BOX 475, MZUZU. PHONE: 0999 680 850. E-MAIL: [email protected]