Judge Kenyatta removes Lilongwe Water Board out of Area 18 contamination case
The High Court in Lilongwe has removed the Lilongwe Water Board (LWB) out of the Area 18 Water contamination case.
However, the court has maintained the case against Lilongwe City Council (LCC) and the Malawi Housing Corporation (MHC).
Judge Kenyatta Nyirenda on Monday made the ruling that LWB is off the case, this means that LCC and MHC are the ones to compensate the concerned Area 18 residents who dragged the three government parastatals to court over a supply of sewage-contaminated water in July 2017.
Area 18 victims, over 1,300 in total, are seeking K4 million each as compensation for being supplied the unhygienic water.
The Court on Monday ruled that Lilongwe Water Board despite being the supplier of the water, was not in the wrong, instead, it has charged the city council and Malawi Housing for being responsible for the incident following their failure to contain the sewer overflow which found its way into LWB pipes.
LCC were the ones handling the sewer system at that time while MHC are the house owners.
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This should be a lesson to others. It’s very trumatising knowing kuti unama madzi osakanikilana ndi manyi, nkodzo, mamina, makhololo, period, zonse zochoka kuchipatala, you can name it. Nde Ena aziti hiii you will not be compensated, the Thunder and stone that is going to strike you is warming up and soon soon it’s going to palulaaa you. Zikhale zinachitika mmakomo mwanumo munakatani. Tinalakwilidwa.
Perhaps it is high time the Judiciary had a technical branch of specialised IT,Engineering,Medical advisors. Otherwise some of the Judgements made don’t make sense..,do we have FIDIC certified lawyers in our country?
The ruling makes sense….failure to contain sewer overflow….
This problem was lack of viable system monitoring mechanism. If LWB is removed in the case then why MHC? After all water bills are not paid to MHC or LCC. Compensation should come from the service provider for failing to provide necessary services to it’s clients because of negligence . Kenyatta has erred.
Judge Kenyatta has erred on this ruling…..I guess the question is, how did the sewerage find its way into the water pipes?
The Water Board should not be let off the hook…….it their water pipes were properly sealed there would have been no way the sewerage could have found its way to mix with the drinking water.
Uyo wakwenera kupwelelera mavi ndiyo wanangiska
True
He has not errored. Kulikonse padziko pano water pipes burst from time to time. There is no such a thing as “if the pipes were properly sealed…”
Exactly. If the water reticulation was up to standard the problem would not have been as serious.
Good judgement Kenyatta 💪🏾🇲🇼
Mutu uwu sugwira ntchito. Lwb is jointly liable together with lcc and mhc. There very fine line between Lwb and the other guilty parties because Lwb were not sealed.
Bibi ya LCC and MHC inawononga madzi a LWB. Why? Mwakhala mukungoyisiya Bibi yanu kwanthawi yayiyali osachotsa or kukonza. What you should know ma pipe a madzi amatha kupanga burst, ndikukhala kwao. Nde kusowa unkhondo wanu omangoyang’anira Bibi ngati ndi samoosa wa Mtopwa 1 zichepe.
LWB should also sue you. Munawononga madzi ake.
Very clever ruling by nyirenda
Before removing Lilongwe water board from the case,did the court consider the case from engineering point of view? The contaminated water was flowing under pressure while the sewerage filth flows mostly by gravitational force,how did the sewerage under gravity enter sealed pipes containing water under pump pressure?
That is a very good question.