The Blantyre High Court has dismissed in its entirety an interlocutory injunction obtained by former Anglican Bishop of the Upper Shire Brighton Vita Malasa and others as claimants in a case against the Anglican Church, Province of Central Africa.
The injunction sought to stay the ex-communication of Brighton Malasa and the Diocesan Committee of the Anglican Church of the Upper Shire.
In his ruling, High Court Judge Mandala Mambulasa, dismissed in it’s entirety the claimants’ plea for an interlocutory injunction.
“In view of the foregoing, the Court holds that the application for declaratory orders by the Claimants is fundamentally defective and that the irregularity is incurable because there is no existing proceeding or an action or a lawsuit for it as presumed by Order 19, rule 27 sub-rule 2 of the Courts (High Court) (Civil Procedure) Rules, 2017.
“Declaratory orders cannot be made without an existing action or proceeding. They must be made in an existing proceeding. In this case, the Claimants’ application for declaratory orders too, has nothing to stand on.
Consequently, the application fails and it too, is dismissed. Costs are awarded to the Defendants,” reads the ruling in part.
Former Anglican Bishop Malasa is yet to comment on the matter.
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