Mafunga v Chokotho & Ors. (None) [2016] MWHC 482 (8 February 2016)

Mafunga v Chokotho & Ors. (None) [2016] MWHC 482 (8 February 2016)

The court found that Mr Sudi, counsel for the plaintiff, engaged in improper conduct by coaching his client during cross-examination, which is below the ethical standards expected of the bar. The court exercised its power under section 21(1) of the Legal Education and Legal Practitioners Act to admonish Mr Sudi for his conduct.

Citation
[2016] MWHC 482
Parties
Plaintiff: Derick Mafunga; 1st Defendant: K. J. Chokotho; 2nd Defendant: Ingwe Bus Company; 3rd Defendant: Prime Insurance Company Limited
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
8 February 2016
Procedural Posture
Personal Injury / Order Admonishing Counsel During Trial
Outcome
Counsel for the plaintiff admonished for improper conduct
Legal Topics
Professional Misconduct, Ethics of Legal Practitioners, Court Disciplinary Powers
Source Language
English
Legal Profession Professional Misconduct Ethics of Legal Practitioners Court Disciplinary Powers

Case Brief

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Parties

Derick Mafunga

Plaintiff

K. J. Chokotho

1st Defendant

Ingwe Bus Company

2nd Defendant

Prime Insurance Company Limited

3rd Defendant

Procedural Posture

Personal Injury / Order Admonishing Counsel During Trial

Legal Issues

  1. 1 Whether counsel for the plaintiff engaged in improper conduct by coaching a witness during cross-examination
  2. 2 Whether the court should exercise its disciplinary powers under section 21 of the Legal Education and Legal Practitioners Act

Ratio Decidendi

The court found that Mr Sudi, counsel for the plaintiff, engaged in improper conduct by coaching his client during cross-examination, which is below the ethical standards expected of the bar. The court exercised its power under section 21(1) of the Legal Education and Legal Practitioners Act to admonish Mr Sudi for his conduct.

Court Disposition

Counsel for the plaintiff admonished for improper conduct

Orders

  • Counsel for the plaintiff, Mr Sudi, is admonished under section 21(1) of the Legal Education and Legal Practitioners Act.
  • Counsel is directed to conduct himself properly henceforth.