Lord Denning Analyses FND Outbursts

I must start with a confession that Chodzi is my brother from another mother. One fundamental principle that nurtures our understanding of each other is that we allow each other the liberty to, even starkly, differ in our points of views to any heights.

I have followed the recent developments in which he, through FND, has obtained a court injunction against the local banks and Malawi Government, between whom a loan agreement purported to finance the Lilongwe Salima water supply project has been reached through the endorsement and instrument of the Parliament.

When I had a look of his injunction, particularly going through the grounds of obtaining it, I saw partisanship, sabotage, propaganda and nonsense smeared all over those grounds. The only reason why the court issued the said injunction was, mostly because it was obtained ex parte (that is to say without the other party to whom the injunction related being heard to oppose its request).

It is possible to suppress facts that maybe be adverse to the case of the party applying for the injunction for the purpose of disadvantaging the Court from quickly discovering the need to deny it. The tragedy comes when the other party erects to oppose such an injunction. Its fate is one and obvious: collapse.

It is apparent that Chodzi (perhaps with proper advice from his lawyers) has become aware of this fate and that is why he has resorted to activism whilst he has his purported case still breathing in case. I am made to believe that his lawyers have tipped him with information that when a matter is in called, it is very unwise, because the Courts and the law hate it, for a party to a court case to go about in the public domain discussing and arguing that very same case. In fact, it attracts admonition and sometimes an answerable case to do so.

However, it is understandable that Chodzi has taken that route mainly because he already know his case has no legs of its own to stand. It is only relying to sit on the shoulders of public attention and nothing more. I am willing to suggest that the reason of diverting into activism through press briefings, on a matter that himself has taken to court, is because his case is actually hopeless and a waste of not only the court’s time, but also the time of the project implementation.

But one thing so sad may happen right there in the court: The defendants to his action may, upon beating him down, demand award of compensation not only to the cost of the action, but also for the loss of time over baseless action. When that happens, I guess he will curse the courts and say they are witch-hunting him. Everybody will laugh!

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