High Court (Commercial Division) judge Chifundo Kachale on Tuesday rejected an application by businessman Shiraz Ferreira who wanted the court to dismiss an application by Attorney General (AG) Thabo Chakaka Nyirenda disputing a K11, 8 billion claim.
Ferreira, trading as SF International is demanding K11, 8 billion compound interest as delayed payment interest for equipment he supplied to the Malawi Defence Force (MDF) between 2012 and 2014.
After he made the application through his lawyer Shabbir Khan, Chakaka Nyirenda presented six legal questions before the court to dismiss the claim, arguing that the matter is statute barred.
Statute barred is a term used to describe a legal action that cannot be brought to court because too much time has passed.
He further argued that the contract was entered into in contravention of the then Public Procurement Act, which changed to Public Procurement and Disposal of Assets Act and that there were issues of bid rigging.
Chakaka Nyirenda said the claim comes from Cashgate contracts of between 2012 and 2014.
Justice Kachale has adjourned the case to March 29 2024 when the AG will present arguments to have the claim dismissed.
