JUDICIARY
IN THE HIGH COURT OF MALAWI
MZUZU REGISTRY
CIVIL CAUSE NO…… 0F 2019
BETWEEN
DANIEL
SEBASTIAN
NYIRENDA…………………………………………………………….…….CLAIMANT
AND
VITUMBIKO NEWAPOSTOLIC CHURCH……………………………... DEFENDANT
INITIAL DIRECTION
FORM 3 (O.10 r 1)
Under Order 5 rule 20 of the (Courts) High Court Procedure) Rules, it is ordered as follows:-
1.
Effective this date, this case is assigned to the Honourable Justice ………………………..
and to individual calendar below;
2.
All future documents filed in this case shall hear the Judges name beneath the case
number in the caption. On filling any chamber application or document, one copy for the
Judge must be delivered to clerk of the court along with the original.
3.
Within 14 days of service, the Claimant shall file proof of service of the summons with
the list of documents, this initial direction and any other Order issued by the Judge.
4.
If the defendant is not contesting the proceedings but desires to apply for a stray of
execution, the defendant shall file a Response within 14 days of service indicating his
intention not to contest the proceedings and his intention to apply for a stay of execution.
5.
If the defendant intends to contest the proceedings, the defendant shall file and serve a
defence and a list of documents within 28 days of the summons.
6.
Statement of case shall be deemed to be closed on the expiry of 7 days from the date the
defence is served or, where subsequence statements of case are served, 7 days from the
date of the last statement of case.
7.
Within 7 days the closure of statements of case, the proceeding shall proceed to
mandatory mediation and all parties to this action shall lodge statement as provided for
by Order 3 of the Courts (High Court) (Civil Procedure) Rules.
Dated this ………………………………….day of………………………………….2020.
……………………………………………………………
JUDGE
JUDICIARY
IN THE HIGH COURT OF MALAWI
MZUZU REGISTRY
CIVIL CAUSE NO…… 0F 2019
BETWEEN
DANIEL
SEBASTIAN…NYIRENDA………………………………………………………CLAIMANT
AND
VITUMBIKO
NEW
APOSTOLIC
.…………………………………………………………
CHURCH
DEFENDANT
SUMMONS
(SPECIALLY ENDORSED)
ORDER 5 OF COURT (High Court) (Civil Procedure) RULES, 2017
TO:
The Defendant
VITUMBIKO NEW APOSTOLIC CHURCH
LUSANGAZI WADE ADAMS, OPPOSITE MZUZU ADMARC DEPORT.
THIS SUMMON has been issued against you by the above-named Claimant in respect of the
claim set out on the back.
WE COMMAND you within 28 days after the service of this Writ on you, inclusive of the day
of service you must satisfy the claim or file with this Court a defence and list of documents. If
you do not intend to contest the proceedings you must within 14 days after service of the
Summons on you inclusive of the day of service return the accompanying Response stating
therein that you do not intend to content the proceedings but desire a stay of enforcement of
judgment if any.
TAKE NOTICE that if you fail to satisfy the claim or to file a Defence and list of documents
intention to contest the proceedings, the Claimant may proceed with the claim and judgment may
be entered against you without further notice.
WITNESS The Honourable JUSTICE ANDREW NYIRENDA, SC.
Chief Justice of the High Court of Malawi, the ………...day of…………………………..2020
………………………………………………………..
REGISTRAR
(Seal of Court)
NOTE: This Summons is to be served within 4 calendar months (or permission is required to
effect service out of the jurisdiction. ^ months beginning with that said unless renewed by order
of the Court is to be served within twelve calendar months unless with the above date renewed
by order of the Court.
STATEMENT OF CASE
1. The Claimant is aged 42 years old and sues for breach of agreement to swap land as
compensation for grabbing deceased property belonging to late Silas Liness Mkandawire
who was my mother.
2. The Defendant is sued as a congregation or prayer house to which the accused in the case
of grabbing property (house, land, fruits for the deceased belongs.
3. In 2017 the Claimant filed a case of deceased property grabbing against the defendant to
the block leaders of Kamkhwalala village at Wade Adams(Lusangazi) in the area of
Kampingo Sibande in Mzimba.
4. The defendant in response said they gave land to their deceased church member and
upon death of Mkandawire, they thought to take it back.
5. The case was decided in his favour, and was compensated with a piece of land in a
swapping manner by the block leaders.
6. The block leaders were of the view that taking away land belonging to the deceased
without consent from the deceased family was illegal and deemed as property grabbing.
The council also asked the defendant that if late Mkandawire was alive and still staying at
the place was the church going to chase her out? And the defendant said no.
7. Block leaders also noted that demolishing a church built by the defendant at a place
belonging to the deceased was against the Christian values, hence asked the defendant to
find a place else where to replace the lost land, a thing they(defendant) complied with
before later blocking the beneficiary from developing it.
8. The defendant argued that the verdict was not fair and went on to make an appeal which
the Kamkhwalala council dismissed on reasons that it came two months late when grace
period given of 15 days from the date of determination had already expired.
9. The defendant went on to block the claimant from developing the area. They later built a
toilet on the controversial land despite the block leaders’ decree that no-one should
tamper with the place until another determination was made by the court.
10. Effort for the claimant to get land back for development from the Defendants proved
abortive.
PARTICULARS OF THE BREACH
a. Failure to live to the agreement by swapping land that the Kamkhwalala council awarded
the claimant in the traditional court case.
11. The Claimant suffered loss because of the breach.
PARTICULARS OF THE LOSS/DAMAGE
a. Loss of the judgment sums and costs of action awarded by the traditional
court(Kamkhwalala council)
b. Loss of value of the money for food, transport meant for the block leaders to come
and give determination on the case.
c. The Claimant has been inconvenienced; being a victim of personal injury as the
defendant claimed that son to late Mkandawire had bribed chiefs to determine in his
favour.
d. The claimant has suffered a loss because the bricks which he had ferried to the project
site have been damaged as they have lost shape due to continuous heavy rains.
e. The claimant has suffered a loss because the sand meant for construction has been
lost by runoff water following heavy rains.
f. The Claimant is under heavy pressure to pay labour force recruited to build a house
on the said land as a foundation was already sunk ready for construction.
g. Loss of cement as builders were disturbed not to continue with construction after
cement was already submerged in water.
h. The claimant wanted land to build houses for tenants to rent and use the money for
day today living but was unable to do so because the Defendant continue contesting
the case.
Therefore the Claimant claims as follows;
a. Payment K162500.00
being compensation to food, transport for the block leaders,
damaged bricks, sand, house foundation, printing and paying
legal documents,
stationary, land.
b. Interest calculated at 1% above the base lending rate of commercial banks.
c. Damages for breach of contract.
d. Damages for inconvenience.
e. Any other order the court can make and
f. Costs of this action
Dated the………………………………………….day of……………………………………2020.
……………………………………………………………………………………………………..
DANIEL SEBASTIAN NYIRENDA
If, within the time for returning the Response, the Defendants pay the amount claimed and
K…………………………of costs and, if the Claimant obtains an order for substituted service,
the additional sum of MK…………………………………..further proceedings will be stayed.
The money must be paid to the Claimant.
THIS WRIT was issued by the Claimant, himself of CHAULUMA VILLAGE, TA Mtwalo,
Mzimba District, currently of SALISBURY LINE GREEN CITY BAR, MZUZU.
JUDICIARY
IN THE HIGH COURT OF MALAWI
MZUZU REGISTRY
CIVIL CAUSE NO…… 0F 2020
BETWEEN
DANIEL
SEBASTIAN
NYIRENDA
…………………………………………………………………….CLAIMANT
AND
VITUMBIKO NEW APOSTOLIC CHURCH ……………………………...DEFENDANT
SWORN STATEMENT VERIFYING THE CLAIM/STATEMENT OF CASE
I DANIEL SEBASTIAN NYIRENDA ……………………………….. as a Claimant state that
the following is my witness statement.
1.
THAT I AM THE Claimant and of the age of majority in this statement.
2.
THAT I verify believe that all the contents of the statement of case filed herein are true.
3.
THAT I make this statement whilst understanding that it shall be used in these
proceedings
4.
THAT I make this statement conscientiously knowing and knowing that if I make any
false statement I am Liable to commit perjury.
SWORN
BY
DANIEL
SEBASTIAN
NYIRENDA…………….
this………………day of ……….2020
BEFORE ME
COMMISSIONER FOR OATHS
AT
Mzuzu
JUDICIARY
IN THE HIGH COURT OF MALAWI
MZUZU REGISTRY
CIVIL CAUSE NO…… 0F 2020
BETWEEN
DANIEL
SEBASTIAN
NYIRENDA
………………………………………………………………….CLAIMANT
AND
VITUMBIKO
NEW
APOSTOLIC
CHURCH……
DEFENDANT…………..……………
LIST OF DOCUMENTS
The following is a list of documents relating to the claim which are or having been in the
possession, custody of power of the Claimant and which is served in compliance with Order 5
Rule 8 (or Order 5 Rule 9).
1.
The claimants have in their possession, custody or power or power the documents
relating to the claim enumerated in Schedule 1.
2.
The claimant has had, but has not now, in his possession, custody or power the
documents relating the claim enumerated in Schedule 2.
4.
Neither the Claimant nor any other person on her behalf, has now, or ever had in their
possession, custody or power any document of any document of any description whatever
relating to the claim, other than the documents enumerated in Schedule 1 and 2.
Schedule 1
Part 1
a. A copy of judgment under Kamkhwala village council 29/07/2017
b. A copy of CERTIFICATE OF DEATH of
the deceased(my mother) Silas Liness
Mkandawire dated 18th June, 2019.
c. A copy of death report from St John’s Hospital where she was admitted to for treatment
before she passed on with official stamp dated 9 April,2019.
d. A copy of a case on which the determination was made dated 29/07/2017.
e. A copy of witness from village headman Kamweko Chavula on land provision to late
Silas Mkandawire dated 9/02/2020
f. A letter of testimony from Group Village Kamkhwala Msofi giving evidence that the
case was decided in the claimant’s favour dated 30.01.20.
NOTICE TO INSPECT
Take notice that the documents in the above list are already attached to the Summons and may be
inspected thereto.
Dated the ……………………………..day of ……………………………………………….2020.
………………………………………………..
DANIEL SEBASTIAN NYIRENDA
JUDICIARY
IN THE HIGH COURT OF MALAWI
MZUZU REGISTRY
CIVIL CAUSE NO…… 0F 2019
BETWEEN
DANIEL
SEBASTIAN
NYIRENDA
…………………………………………………………………..CLAIMANT
AND
VITUMBIKO NEW APOSTOLIC CHURCH……………………..…… DEFENDANT
SWORN STATEMENT VERIFYING CLAIMANTS’ LIST OF DOCUMENTS
I, DANIEL SEBASTIANNYIRENDA of CHAULUMA VILAGE, TA KAMPINGO
SIBANDE, Mzimba District, currently of SALISBURY LINE, MZUZU, make oath and state as
follows;
1. THAT the matter which I depone have come to me while so acting and I verily believe the
same to be true.
2. THAT the statement made in paragraph 1 and 3 of the list of documents herein, are true
3. THAT the statement in paragraph 2 and 5 of the list of documents are true to the best of my
knowledge, information and belief.
4 THAT I made this statement whilst understanding that it shall be used in these proceedings.
5. THAT I made this statement conscientiously knowing the content hereof to be true to the best
of my knowledge, information and belief and knowing that if I make any false statement I am to
commit perjury.
SWORN
by
DANIEL
SEBASTIANNYIRENDA
-
______________________________________________
At Mzuzu this ……………………………….… day of ……………………………………. 2020.
JUDICIARY
IN THE HIGH COURT OF MALAWI
MZUZU REGISTRY
CIVIL CAUSE NO…… 0F 2020
BETWEEN
DANIEL
SEBASTIAN
NYIRENDA
………………………………………………………………….CLAIMANT
AND
VITUMBIKO NEW APOSTOLIC CHURCH……………………..………DEFENDANT
RESPONSE
PART 1
(Your) (Defendants’) full names ………………………………………………………….
PART 2
(Do you) (Do the Defendants) intend to contest:
The whole of the claim? Part of the claim? None of the claim? (Tick as appropriate)
NOTE: if you the Defendants intend to contest this claim or any part of the claim you must
within 28 days file and serve a Defense and a list of documents. Failure to do this may result in a
default judgment entered.
PART 3
If you have said that you do not intend to contest the whole, or part of the claim will you (the
defendants) be asking the court for a stay of enforcement or judgment, if any?
Yes:
Note: if you tick yes there shall be an automatic stay of enforcement pf judgment for a period of
7 days.
PART 4
I acknowledge that (I have) (the defendant has) been served with a copy of the Summons
Signed …………………………………………………….. date………………………………….
Defendants (Legal Practitioners for the Defendants) (authorized officer)
Address to which documents about this case should be sent:
Legal Practitioner’s reference Telephone No.
Fax No.
When completed, this form be returned to the registry which issued Summons
Use black ink and Capital Letters.
JUDICIARY
IN THE HIGH COURT OF MALAWI
MZUZU REGISTRY
CIVIL CAUSE NO…… 0F 2020
BETWEEN
DANIEL
SEBASTIAN
NYIRENDA
…………………………………………………………………….CLAIMANT
AND
VITUMBIKO NEW APOSTOLIC CHURCH………………………………...DEFENDANT
COPIES OF DOCUMENTS
CONTENTS
PART 1
g. A copy of judgment under Civil Cause No. 247 of 2017 (SRM) dated 13 th December,
2017
h. A copy of judgment under IRC Matter No. 113 of 2018 (IRC) dated 11th October, 2018
i. A copy of Sheriff Report on full execution of Warrant under Civil Cause No. 247 of 2017
j. A copy of Sheriff Report on full execution of Warrant under IRC Matter No. 113 of 2018
k. Reference Letter from the Malawi Law Society (Northern Chapter)
l. Payment Voucher dated 2nd July, 2019 by the Defendants.
Dated the ………………..day of ………………………………………, 2020
………………………………………………….
DANIEL SEBASTIAN NYIRENDA