Mpinganjira (B) v Chitakale Tea and Coffee Estate Ltd (Civil Cause 682 of 2001) [2002] MWHC 21 (11 June 2002)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 682 OF 2001 BETWEEN: HON. B. J. MPINGANJIRA ………………………………..…………PLAINTIFF AND CHITAKALE TEA AND COFFEE ESTATES LIMITED ……1ST DEFENDANT THE ATTORNEY GENERAL …………………………………….2ND DEFENDANT CORAM:   CHIMASULA PHIRI, J                 R. Kasambala of counsel for the plaintiff                 K. Kaphale of Counsel for the Defendant                 Mrs Matekenya – Court Clerk ORDER IN CHAMBERS This is one of the matters the Parliamentarians used in their attempt to remove me from office.  It is unfortunate that the events which unfolded between November 2001 and May 2002 have left indelible marks on my professional career.  If I decided this matter in favour of the plaintiff, the defendants would think I am going flat out to revenge for the suffering I went through during the aforementioned period.  Equally, if I decide in favour of the defendants, the plaintiff and the rest of the society would undoubtedly think that I am ready to abrogate my oath of office and please the defendants and their associates.  In the circumstances I strongly feel, though with deepest regrets, that I should recuse myself from further handling this case.  The matter will have to be argued afresh before another judge. MADE in Chambers at Blantyre this 12th day of June 2002 at Blantyre. CHIMASULA PHIRI JUDGE