Lawyer Mbeta, Judge Kenyatta implicated in scam: Sheriffs close down AHCX over K2 bn debt
Sheriffs have closed down AHL Group’s subsidiary company AHCX Commodities Exchange over a K2 billion debt but the action has opened a pandora’s box on some ‘suspicious’ court orders and executions.
The Sheriffs action to close down AHCX head office in Lilongwe last week comes hot on the wheels of another crackdown on one of the commercial banks FDH Bank in Blantyre over a court order execution of about K785 million.
Nyasa Times can reveal that the two cases involve the same lawyer, judge and an accessor of damages, a High Court assistant Registrar and this has raised eyebrows of foul play.
Private practice lawyer Frank Mbeta has been taking his cases to one judge and one judge only, Justice Kenyatta Nyirenda of the High Court and the assessment of damages are being done one none other than Simeon Mdeza, Assistant Registrar of the High Court.
The execution of the orders is what has raised alarm and caught the attention of graft bursting body the Anti-Corruption Bureau (ACB).
After getting a ruling from Kenyatta, Mdeza is always handy to do the assessment of damages and before the offending party is given time to either pay the adjudged amount, Mbeta is always on time to get a warrant of execution and set the Sheriffs on the leash.
Nyasa Times can reveal that in civil cause number 374 of 2015 where Oil and Protein Company Limited which is demanding K1, 861, 358, 126.25 and UDS 171,000 (K123, 120, 000) from AHL Commodities Exchange which was handled by Justice Nyirenda, Mbeta rushed to get a warrant of execution soon after the assessment of damages and the Sheriffs moved in to close down AHL Commodities Exchange Head Office in Lilongwe without being given chance for negotiation of payment.
It is also true of another civil cause number 384 of 2014 where Maranatha Girls academy is demanding a total of K784, 830, 909.16 from FDH Bank for loss of business.
Nyasa Times can also reveal that in this case too, Justice Kenyatta Nyirenda presided over it and the assessment of damages was done by Mdeza and the lawyer for Maranatha was Mbeta.
In this case too, after getting the judgment and assessment of damages, Mbeta got a warrant of execution and again leashed the Sheriffs to pounce on FDH Bank.
Ironically, Mdeza set an appeal hearing brought in by FDH Bank lawyers challenging the assessment of damages at 2pm a day after delivering his ruling on the assessment of damages.
But our investigations have found out that before Mdeza could hear the case at 2pm that day, Mbeta went to him and made him sign a warrant of execution at 8am on the same day for a matter he was expected to hear both sides at 2pm. The Sheriffs pounced on FDH Bank at 9 am, an hour after the signing of the warrant of execution.
Insiders at the High Court confided in us that the way the two cases have been handled have raised eyebrows and caught the attention of ACB.
Nyasa Times investigations have also found that the Sheriffs fees in the AHL Commodities Exchange case was a whopping K200 million while in the Maranatha/FDH case is K117 million.
We have also found out that this money does not go to government account number one as all other government revenue.
“I understand Mbeta is demanding 30% of the K2 billion in the AHL Commodities Exchange case and another 30% of K785 million in the Maranatha/FDH case. Maybe that is how he used underhand tactics to get the money, there is too much money involved here,” said one legal practitioner.
Most legal practitioners Nyasa Times spoke to expressed surprise in the way Mbeta handled the two cases describing it ‘the tort way of litigation’.
Insiders also said Anti Corruption Bureau is following up on the issue and has already taken statements from some of the lawyers involved in the cases.
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Thats typical of Kinyata always in funny judgments he is compromised and has out lived his relevance.
Atumbuka simudzatheka! Kwanu ndi kuba, kupha ndi kuononga!
Mayi kalanga ine (OMG!).
This is a fine attempt at investigative journalism, and it’s commendable.
But it seems to lack convincing evidence, as much of the evidence given seems to be peripheral, and perhaps based on rumor. It would also help if we were told, even a hint about, the source of the information, or the leak. Credibility would be enhanced.
Is the degree of corruption in our government, and businesses now the same as it is in Kenya? If so, we are in real trouble. If not yet, the authorities must act quickly to stem the evil tide!
Kenyatta Nyirenda does not deserve to be judge. He is serious manipulator. But the man must know that he can sometimes fool some people, but can not fool all the people all times. Time will tell.
What a corrupt country this republic is. We cant develop that way.
Judge Kenyatta Nyirenda should be fired.He is just a crook judge in a sheep skin .Kenyatta loves money more than to see justice prevail.First ,anagulitsa Dziko la Malawi kwa Peter Munthalika ,DPP itabera mavoti.Instead of Vote Recount anamfumbayitsa K20 Million a Peter Munthalika and DPP.Second ndi milandu iwiriyi ikunenedwa apayi ya Corruption judgements,and thirdly,ndi zimene sitikudziwa milandu wachita polandira ziphiphu nthawi yonseyi pamene tonse sitimadziwa zomwe zikuchitika.He is not deserve to be a judge now.People can’t trust him any way.FIRE JUDGE KENYATTA NYIRENDA NOW.
These cases need to be looked seriously and the Malawi Govt must move quickly to address the corruption in the courts and some judges. We must learn from the Kenya scenario were Govt, The President’s moved to strip off the judges by declaring some of the judges whom they felt were corrupt but of course proper investigations must be done. In Kenya the Govt found that the judges were corrupt and were behaving corruptly and removed most judges just overnight with them having no recourse. This has been done many places and Malawi will not be different if the judiciary… Read more »
That’s Malawi. No where else. In Social and Dev. Studies I learnt that always the developing nations like Nigeria, S. Africa and others are characterised by high levels of crimes and corruption. So am not surprised with the poorest country of all [Malawi] to be the order of the day.
FDH linked to Peter Mutharika who in turn appoints and directs actions of ACB.
Peter got govt money through MSB cheap sale to Thom Mpinganjira.
WapalamulA chutedze…chayamba kuyabwa
KENYATTA THE CORRUPTED JUDGE OF OUR TIMES. ALWAYS IN THE NEWS WITH WRONG ISSUES