State lawyers failed to show up at the High Court in Blantyre to challenge an injunction restraining the government from going ahead with the construction of India's celebrated hero, Mahatma Ghandi forcing Judge Mark Tembo to sustain the injunction.
Only one lawyer representing Plem Construction, who are erecting the statue, turned up for the interparte hearing but did not have documents.
This means that the erection of the statue can only proceed after the State wins the case against the Mahatma Ghandi Must Fall movement during a substantive hearing.
Judge Chirwa is yet to set the date for the substantive hearing.
Lawyer for the movement Nicely Msowoya confirmed that the State did not file against the injunction, forcing the judge to sustain the injunction.
"The judge will now set a date for the substantive hearing," he said.
On Sunday, the contractor went back to the site of the statue and cleared all construction materials.
A statement from the Mahatma Ghandi movement says the grouping is happy with the new turns of events on the case.
"Some may say government has been defeated but that is not our understanding. We believe the government has listened to the calls against the statue," says the Mahatma Ghandi must fall movement.
The statement says the new generation of Malawians does not want to be given a colonized Malawi.
India's vice president who was in the country last week dangled to Malawi a US$20 million aid package.