United Transformation Party v Kambala, Solanke, Jalani and Other members of steering committee attendees (Civil Cause 235 of 2016) [2018] MWHC 1283 (18 April 2018)

United Transformation Party v. Newton Kambala & 3 Others Kenyatta Nyirenda, J. JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 235 OF 2016 BETWEEN: UNITED TRANSFORMATION PARTY .................................. APPLICANT -AND- NEWTON KAMBALA ............................................. 1 ST RESPONDENT ALEX SOLANKE ................................................... 2No RESPONDENT WILLIAM JALANI ................................................ 3Ro RESPONDENT OTHER MEMBERS OF STEERING COMMITTEE ATTENDEES .................... ................ 4TH RESPONDENT CORAM: THE HONOURABLE JUSTICE KENYATTA NYIRENDA Mr. Edwin Banda, of Counsel, for the Plaintiff Mr. Kajani Banda, of Counsel, for the Respondents Mr. Chitatu, Court Clerk Kenyatta Nyirenda, J ORDER The present proceedings were commenced on 6th June 2016 by originating summons. The Applicant seeks determination of the following questions: "(a) Whether the meeting of the Steering Committee of the Applicant held on Sunday 291h May, 2016 was irregular; (b) (c) Whether the said Steering Committee had no power to elect an Interim President Whether the election of Mr. Newton Kambala as interim president of United Transformation Party was irregular and null and void. " United Transformation Party v. Newton Kamba la & 3 Others Kenyatta Nyirenda, J. The Applicant also filed with the Court on the same day, that is, 6th June 2016, an ex-parte summons for an order of interlocutory injunction restraining (a) the 1 st Respondent from assuming the position of interim president of the plaintiff and (b) the Respondents from recognizing, treating or holding out the 1 st Respondent as interim president. An order of interlocutory injunction without notice was granted subject to the Plaintiff filing an inter-partes summons for continuation of the same within 10 days from 13th June 2016. On 21 st June 2016, Mis Hart and Devlin Chambers gave notice to the effect that the firm had been appointed to act for the Respondents. M/s Hart and Devlin Chambers proceeded to immediately file with the Court (a) an acknowledgement of service of the writ of summons and (b) summons to discharge and/or vacate the order of injunction that was granted herein. No other step has been taken by any of the parties in these proceedings since 21 st June 2016. Order 12, r.56, of the Court (High Court) (Civil Procedure) Rules [Hereinafter referred to as "CPR"] comes into play where there is such non-action. The provision is couched in the following terms: "The Court may strike out a proceeding without notice, if there has been no step taken in the proceedings for 12 months. " In the present proceedings, more than 21 months have elapsed without the Applicant taking steps to prosecute this case. This is clearly an abuse of court process. I have no option but to strike out the proceedings herein. It is so ordered. In light of the foregoing and by reason thereof, the Registrar's attention is drawn to Order 12, r.58, of CPR. Pronounced in Chambers this 18th day of April 2018 at Blantyre in the Republic of Malawi. Kenyatta Nyiren JUDGE 2