The Supreme Court of Appeal has lifted the injunction in which opposition Democratic Progressive Party (DPP) member Billy Malata obtained against the holding of DPP’s National Governing Council (NGC) meeting that meant to set date for elective convention.

In the ruling order dated June 30, 2023 and made available to The Maravi Post signed by Justice D.T.K. Madise JA has allowed Malata to attend the DPP NGC meeting.

The injunction applicants including Grezeder Jeffrey, Shadric Namalomba and DPP while Malata is a respondent in the matter.

Justice Madise has also ordered applicants to file a fresh application this time with notice within 7 days for the continuation of the order of stay.

“Upon reading the application for an order of stay of the decision of the court below which has been filed without notice. Upon reading the sworn statement in support of the application for a stay.

“Upon reading the skeleton arguments in support of the within application. It is my considered view that once an urgent application has been deferred to a later date by the court below that triggers the concurrent jurisdiction of the Supreme Court of Appeal as the application ceases to be urgent in view of the order to bring the said application with notice,” reads in the ruling in part.

Justice Madise adds, “Having gone through the application and all the supporting documents the balance of justice tilts towards the granting of the within application without notice on the following conditions. The applicants must file a fresh application this time with notice within 7 days for the continuation of the order of stay.

“The Respondent has 14 days to respond 3. Hearing of the summons within 21 days. The claimant/respondent be allowed to attend the NGC meeting together with all other members of the NGC of the DPP on the scheduled date.

The order will go with costs.

The case is being at High Court, Civil Division, Lilongwe District Registry on civil Cause No. 125 of 2023

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