By Altas News

Lawyer George Kadzipatike may face lawsuits from clients Maxwell Chirombo and Loreen Beleko after a court ruled his representation was inadequate, according to court records.

High Court Judge Maureen Kondowe determined that Kadzipatike’s legal handling of their case was improper, as he filed the matter in the wrong jurisdiction, rendering the judgment invalid.

Chirombo and Beleko, employees of ETG Inputs Limited in Nkhamenya, Kasungu district, were arrested over allegations of dealing in underweight and misidentified fertiliser bags.

With Kadzipatike’s assistance, the two successfully sued for damages over false imprisonment and defamation.

However, despite the alleged crimes taking place in Kasungu, the case was filed and heard by the Mzuzu Senior Resident Magistrate sitting at Nkhata Bay. This court awarded the pair K74,000.00 in damages for false imprisonment, defamation, and malicious prosecution, as well as K2,000,000.00 each for legal fees.

Judge Kondowe ruled that the Magistrate Court in Nkhata Bay had no jurisdiction over the case, as Nkhamenya falls under the Kasungu district.

She noted that under Section 36 of the Courts Act, subordinate courts must sit in locations designated by the Chief Justice, and the Senior Resident Magistrate Court had been directed to handle matters only within Nkhata Bay.

Further, Judge Kondowe found that Kadzipatike failed to address the jurisdiction issue upon receiving instructions to represent his clients, calling his omission “a serious professional error.”

She also described the choice of Nkhata Bay as “forum shopping,” a malpractice where parties deliberately choose a court believed to be more favourable, regardless of its jurisdiction.

In her order dated November 21, 2024, Kondowe directed that Chirombo and Beleko repay 50% of the judgment debt—K37,000,000.00 each—along with K2,000,000.00 each for legal fees that had been unlawfully awarded.

She further allowed the two to pursue civil claims for professional negligence against Kadzipatike, stating: “The remedies of the 1st and 2nd respondents lie in the pursuit of civil claims for damages for professional negligence.”

The court also exercised its discretion to order Kadzipatike personally to pay the costs of the application.

The ruling comes with financial and reputational consequences for Kadzipatike, as the court left open the possibility of disciplinary action by the Malawi Law Society for his role in the matter.

Judge Kondowe emphasised: “This application would not at all have been necessary if Counsel for the Respondents had resolved the jurisdiction question on receiving instructions.

This omission made it appear to this court that forum shopping was involved, a malpractice that the courts have condemned again and again.”

This is not the first time Kadzipatike’s legal practices have come under scrutiny. In a separate case, the High Court of Malawi Commercial Division in Lilongwe penalized Kadzipatike and his client, McDonald Kamwera of KM Building Contractors, for irregularities in the handling of seized property.

Representing Kamwera, Kadzipatike enforced a seizure order through sheriffs for a judgment sum of MK48 million against Zhejiang Communications Construction Group. However, the items seized—four tippers and a Ford Ranger pickup—were valued at over MK192 million, four times the amount owed.

Court records show that Kadzipatike sold the vehicles privately without involving the sheriffs, as required by law. When the defendant contacted the sheriffs to redeem the property just 17 days after the seizure, they were informed the vehicles had already been sold. To date, Kadzipatike has not provided a report on the proceeds from the sale.

In a ruling dated May 16, 2023, Judge Charlotte Wezi Mesikano Malonda declared the sale illegal, stating: “The claimant usurped the role of sheriffs, and the involvement of Kadzipatike in the sale was not supported by any law.”

Malonda described Kadzipatike’s actions as “criminal and grossly unethical,” adding: “The abuse of court processes to pursue selfish and criminal ends is gross, uncouth, and undermines the power of the court to settle disputes justly.”

Kadzipatike and his client were ordered to repay MK192,603,397.62 for the vehicles’ sale proceeds and MK48,541,831.27 for the judgment debt. The court further instructed authorities, including the Malawi Police Service and the Anti-Corruption Bureau, to investigate Kadzipatike’s conduct.

The Malawi Law Society has also been urged to take disciplinary action against him for conduct that “borders on perjury and dishonesty.”

The rulings against Kadzipatike expose a pattern of professional misconduct that could lead to broader legal accountability and disciplinary action within Malawi’s legal profession.

Original story first published by Altas news (https://atlasmalawi.com)