MZUZU-(MaraviPost)-Sheriffs from the High Court in Mzuzu have swept clean of all household properties belonging to a staunch opposition Democratic Progressive Party (DPP) rouble-rouser and former President Peter Mutharika’s special Assistant Julius Zumwanda Mithi because Mithi failed to pay an insurance claim of MK6.4m.
Under Civil Cause number 410 of 2020 Hope Alfred Kairole sued Mithi and General Alliance Insurance Company Limited for negligence driving which resulted in the damage of Kairole’s vehicle and also injuries to him.
“Particulars of negligence include failing to give right of way to other road users, failing to control, slow, or break so as to avoid hitting motor vehicle registration number KA 9325 Toyota Succeed Saloon, failure to give proper lookout for other road users, and generally failing to observe traffic rules, signs, and signals,” reads the claim filed in the High Court in Mzuzu.
According to court documents, Kairole relied on the doctrine of les ispsa loquitor (the principle that the mere occurrence of some types of accidents is sufficient to imply negligence) in that the accident would not have happened without the negligence of Mithi, who was heavily inebriated at the time of the accident.
The claim was filed on 25th November, 2020 and Mithi never contested it or responded to court summonses.
On 2nd March 2021, the High Court entered a default judgement against him and gave Mithi 28 days to pay Kairole damages for; pain and suffering, permanent body disfigurement, loss of amenities of life and special damages.
Again Mithi ignored the court’s order. This forced the Court to issue a seizure and sale order.
“I command you (Sheriff of Malawi) that goods and chattels of Julious Mithi within your jurisdiction you cause to be made the sum of MK6,400,000.00 plus interest… in pursuance of the said default judgment,” reads part of the order dated 30th September, 2021.
Sheriffs acted swiftly on a default judgement, which meant that Mithi deliberately ignored and defied Court summonses to appear in Court to defend the claim.
In January, 2020, Mutharika catapulted Mithi, a lowly ranked civil servant (Grade M) to P4 Grade, one of the highest grades in the Civil Service, much to the chagrin of others DPP cadets and many Malawians.
Shortly after his appointment Mithi tasted the skies for the first time in his life when he was part of the entourage that escorted Mutharika to London for a conference.
But his appointment was nicked in bud when his master lost the June 2020 rerun general elections to incumbent Lazarus Chakwera.
