THE HIGH COURT OF MALAWI
APPEAL NO. 148 OF 2007
JUSTICE CHINANGWA, J
for the applicants, Nyambo
This matter was
set before Singini J. on 7th
March, 2008. On the stated dated the judge adjourned it to a later
date because counsel Maulidi was absent without leave of the
April, 2008 the matter was set down before Mrs Chombo J. Again
counsel Maulidi was absent without leave. The judge struck-off
matter from the cause list for want of prosecution.
The matter came
before me on 23rd
April, 2008, Counsel Nyambo stood-in for counsel Maulidi who, it was
alleged, was attending a funeral in Blantyre. Counsel Nyambo
the affidavit of counsel Maulidi filed on 10th
April, 2008 before this court.
In the affidavit
counsel Maulidi explained his failure to appear on 7th
March and 9th
April, 2008 respectively. He proceeded to apply for restoration of
the matter and consequent hearing of appeal at the same time.
I am reluctant to
grant restoration of the matter on the cause list until counsel
Maulidi appears in person to make the application.
I base my
position in order to discourage lack of seriousness on court business
by counsel Maulidi.
to restore matter dismissed.
in Open Court on this 8th
day of May, 2008.