Judge refuses to stay M’membe’s application against Investrust

Judge refuses to stay M’membe’s application against Investrust

By Kaungu Ndumba

LUSAKA High Court judge Fulgence Chisanga has refused to stay
proceedings in a matter where Dr Fred M’membe sought an order that all the actions taken by Investrust Bank Zambia to assign Post Newspapers Limited debt to Lewis Mosho are null and void for having been done without his authority.

This is in a matter where five former Post Newspapers employees – Andrew Chiwenda, Roy Habaalu, Abel Mboozi, Bonaventure Bwalya and Mwendalubi Mwenda – who petitioned the court for the winding up of the company, asked judge Chisanga to stay proceedings in Dr M’membe’s appeal pending determination to consolidate the matters.

Chiwenda and others, together with the Zambia Revenue Authority (ZRA), want the matter before judge Sunday Nkonde and the new matter commenced by Dr M’membe to be consolidated because they had similar parties and the same subject matter.

The petitioners felt that if proceedings in the new matter were not
stayed, the application to consolidate matters would be rendered
academic in that there could be adverse orders or rulings made in the new matter that could affect the determination of the other cases.

But in her ruling delivered on Tuesday, judge Chisanga said the
application was misconceived.

She said Dr M’membe’s case was not an interlocutory application but the main appeal.

“It is analogous to an appeal against refusal of injunctive relief, or
refusal of leave to apply for judicial review. In the premises, I
refuse to stay proceedings in cause number 2017/HPC/0050 for want of jurisdiction,” ruled judge Chisanga.

Last November, Chiwenda and others, made an application to liquidate the newspaper.

Mosho was subsequently appointed provisional liquidator of Post Newspapers Limited by judge Nkonde.

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