Laws in Malawi never cease to amaze me big time. Do the poor share the equality of Justice or is it that he who has the money gains the favours? Let’s not wait for the grass to grow, the story of one Jumani Kamuzu Banda leaves a lot to ponder, more importantly it is not about the ‘DNA’ issue but rather the phrase that reads “security of costs”. In simple terms, if you have sued somebody and you happen to lose the case, the defendant will demand redress in defamation or character assassination et cetera. The fundamental principle is the right of a litigant to pursue and enforce rights in the courts. “The basic rule that a natural person who sues will not be ordered to give security for costs, however poor, is ancient and well established”: Pearson v Naydler [1977] 1 WLR 899 at 902. The general rule is, therefore, “that poverty is no bar to a litigant”
The Chendawaka family simply shows that they have run out of ideas to defend the counterattack Jumani Kamuzu Banda, saying he (Jumani) is not the son of the late Dr. H. Kamuzu Banda, convinced the Supreme Court judges that, they should pre-judge in the favour considering that him (Jumani), might not have security of costs meaning financial muscle or assets.
Well, that leaves a lot of questions than answers, the poor will not win cases against the rich, YES?
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