Justice of the Supreme Court of Appeal Lovemore Chikopa has declined to stop the hearing of a K4 billion Cashgate case involving Paul Mphwiyo, former budget, and 18 others, pending an appeal.
The accused have appealed against the refusal by High Court Judge Ruth Chinangwa to re-start hearing the case after having taken it over from Justice Esmie Chombo (retired) and after the court concluded hearing the case.
In August 2022, Justice Chinangwa, indicated at the end of hearing the case, that she intends to deliver a judgment no later than June 2023.
The accused have also raised the question of whether or not the High Court has jurisdiction to hear and determine their case.
However, in his ruling, Justice Chikopa said that the court agrees that the applicants are raising serious issues worthy of consideration on appeal but the court has serious doubts about whether this is an appropriate case in which the proceedings in the High Court before Justice Chinangwa can be stopped pending the hearing and determination of the appeal.
According to Chikopa, Mphwiyo, and the 18 others had plenty of time to have raised the appeal and it could have been disposed of had they acted with speed, hence declined to stay the proceedings in the High Court.
On 23rd September, 2022, Justice Chikopa also dismissed another application by the Mphwiyo and the 18 others to have their case re-started.-MIJ ONLINE
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