Judge refuses to stay M’membe’s appeal

Post Newspaper founder Fred M’membe

LUSAKA High Court judge Fulgence Chisanga says applications to stay a matter in which Post founder Dr Fred M’membe is challenging attempts by Investrust Bank Zambia to assign the debt owed to it by the Post Newspapers Limited to an entity aligned to Lewis Mosho are misconceived.

This is in a matter where five former Post Newspaper employees, 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 in order to consolidate the matters.

The five; including Zambia Revenue Authority want their matter before judge Sunday Nkonde and the new matter commenced by Dr M’membe to be consolidated saying they have similar parties and the same subject matter.

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

But in her ruling yesterday, judge Chisanga said the application was misconceived.

“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, former employees of the Post Newspapers Limited (In liquidation) Andrew Chiwenda, Roy Habaalu, Bonaventure Bwalya, Mwendalubi Mweene and Abel Mboozi petitioned the Lusaka High Court to liquidate the company so that they could be paid their arrears.

         

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