Fargo Ltd v Lilongwe university of Agriculture & Natural Resources (46 of 2024) [2024] MWHC 56 (16 October 2024)

REPUBLIC OF MALAWI IN THE HIGH COURT OF MALAWI COMMERCIAL DIVISION BLANTYRE REGISTRY COMMERCAL CAUSE NO 46 OF 2024 (Before Honourable Justice Manda) BETWEEN: FARGO LIMITED. icici nee tt eee reine eer es inee inane CLAIMANT AND LILONGWE UNIVERSITY OF AGRICULTURE AND NATURAL RESOURCES 2... ccc eee crn enn eee EEE nee teen aba e ae eee tas DEFENDANT Coram: Manda, J Banda for the Claimant Soko for the Defendant Kachimanga Court Clerk RULING Following the sentiments that have been expressed over this matter in various social media platforms, | was compelled to call for and examine the Court file, This was on account that in my recollection, this matter was no longer supposed to be pending before me. Having examined the file, this matter was referred for Arbitration on the 14" of March, 2024. Having referred the matter for Arbitration, this Court ceded jurisdiction to an Arbitrator and cannot exercise jurisdiction over this matter. By law if there is an arbitration agreement, the court is obliged to honour it and this is what I did. If there have been delays over this matter, then the same will have to be squarely on the lawyers representing the parties as they were supposed to have agreed on a choice of Arbitrator. This is a clear case of counsel incompetence which unfortunately has caused unnecessary delays in this matter and the parties incurring costs. We not only find such kind of ineptness not only unfortunate but quite frankly unacceptable, especially if one considers the experiences of Counsel on record. This matter was set down for hearing on Thursday, the 17" of October for “hearing” but we cannot conduct the hearing because we lack the capacity to do so. And J do not see any reason for me to wait till Thursday to state what is the obvious, In view of the foregoing, I cannot by law entertain any applications regarding this matter as doing so would be breaching the law. I ceased to have jurisdiction on the 14" of March, 2024! Made in Chambers this..,......... 16" 0, day of......... October... 2024 K. T. MANDA JUDGE