Africa-Press – Malawi. The Attorney General (AG) has successfully defended the government in a contentious legal battle, reducing a staggering K110 billion compensation claim to a mere K20 million. The case revolved around 14 hectares of land in Blantyre’s Chirimba Industrial Area, acquired by the government in 1981.
In a ruling delivered on Thursday in Blantyre, Hussein Ibrahim, Assistant Registrar of the High Court and Supreme Court of Appeal, awarded the claimants, Rajesh Hathirimani and Deepak Hathirimani, K20 million for the freehold land. Represented by Senior Counsel Samuel Tembenu, the claimants had sought K110 billion, citing wrongful acquisition under the Land Acquisition Act and claiming loss of opportunity tied to the land’s potential value.
The court, however, dismissed the claim for loss of opportunity, noting that it had not been properly included in the pleadings. This decision significantly weakened the claimants’ case and reduced the scope of potential compensation.
The Attorney General, Thabo Chakaka-Nyirenda, had countered the claim with expert valuations that placed the land’s worth between K4 million and K10 million. The court’s award of K20 million was closer to these figures than the claimants’ demands, which were deemed excessive and unsubstantiated.
The claimants acted as administrators of the estate of their late father, Kamila Gobindram Hathirimani. They argued that the government’s acquisition of the land was improper, but their compensation demand far exceeded the assessed value of the property.
This ruling represents a significant victory for the government and the Attorney General, who emphasized the importance of protecting public resources against inflated claims. The case underscores the critical role of legal scrutiny in balancing historical grievances with fair compensation practices, safeguarding billions of taxpayers’ money.
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