In this matter, ZCCM Investments Holdings PLC is seeking an order to have KCM liquidated.
Last month, Lusaka High Court Judge Anessie Banda-Bobo granted ZCCM-IH an order to appoint Milingo Lungu of Messrs Lungu Simwanza and Company as provisional liquidator of KCM.
Justice Banda-Bobo signed the order, granting the liquidator the following powers: carry on the business of KCM so far as is necessary for the beneficial winding up, make any compromises or arrangements with creditors, make any agreement on all questions in any way relating to or affecting the company or its assets and take possession, custody and control all the assets of the Respondent, among other powers.
And on May 31, MINOPEX Zambia Limited filed an intention to join the winding up petition.
But in an affidavit in support of ex-parte summons to withdraw notice of intention to appear in petition filed on Friday, a lawyer representing the company from Simeza Sangwa and Associates, stated that he had received instructions to withdraw the said notice.
“I Nkhumbwizya Alikipo, an advocate in the employ of Messers Simeza Sangwa and Associates, having been seized with conduct of this matter on behalf of Minopex Zambia Limited, I am duly authorized to swear to this my affidavit from facts and information which came to me by virtue of he said capacity. On May 31, 2019 a notice of intention to appear in petition was filed and now we have since received instructions to withdraw the said notice,” read the notice to withdraw.
The main matter comes up today, June 11.
Messrs Nchito and Nchito Advocates appointed by KCM’s Director and Board Chairperson to protect KCM’s vital interests, last week filed a notice saying that when the matter comes up on June 11, this year, the court should determine whether Messrs Ellis and Company, Messrs Makebi Zulu Advocates, Messrs Andrew Musukwa and Co and Messrs DH Kemp and Co, who are appointed by the provisional liquidator, can appear on behalf of KCM to support or oppose the appointment of the provisional liquidator and the winding up petition generally.