The High Court in Lilongwe has set aside a without-notice leave for judicial review it granted Paul Mphwiyo and others against President, Chief Justice, Secretary to President and Cabinet and Judicial Service Commission over extension of Judge Esme Chombo’s contract, who continued hearing their case after her mandatory retirement age.
Mphwiyo and 14 others got the leave to apply for judicial review saying the defendants’ actions violated the constitution.
Judge Simeon Mdeza yesterday set aside the leave on the basis that the claimants had opted to apply for nullification of the proceedings in the first place and not a judicial review, stating that when their application for nullification of the proceedings was dismissed by the court, the other option was to appeal the court’s decision not seeking judicial review.
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