by Natasha Sakala on 19 Sep 2019by Natasha Sakala on 19 Sep 2019by Mirriam Chabala on 19 Sep 2019by Mirriam Chabala on 19 Sep 2019
by Sipilisiwe Ncube on 19 Sep 2019by Julia Malunga on 17 Sep 2019by Stuart Lisulo on 17 Sep 2019by Sipilisiwe Ncube on 15 Sep 2019
by Zondiwe Mbewe on 19 Sep 2019by Zondiwe Mbewe on 19 Sep 2019by Zondiwe Mbewe on 18 Sep 2019by Zondiwe Mbewe on 18 Sep 2019
- Goal Diggers
by Mazuba Muleya on 18 Sep 2019by Abraham Kalito on 17 Sep 2019by Abraham Kalito on 13 Sep 2019by Abraham Kalito on 13 Sep 2019
by Diggers Editor on 19 Sep 2019by Diggers Editor on 18 Sep 2019by Diggers Editor on 17 Sep 2019by Diggers Editor on 16 Sep 2019
- Guest Diggers
by Simon Manda, PhD on 16 Sep 2019by Simon Manda, PhD on 7 Sep 2019by pilAto/ Fumba Chama on 7 Sep 2019by Chisoni Mumba, PhD on 17 Aug 2019
- Editor's Choice
by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
by Diggers Correspondent on 11 Aug 2019by Mukosha Funga on 27 Jul 2019by Mukosha Funga on 21 Jul 2019by Web Master on 27 Jun 2019
Vedanta asks court to dismiss ZCCM-IH’s application to appeal KCM winding-up stayBy Zondiwe Mbewe on 11 Sep 2019
Vedanta Resources Holdings Limited has asked the Lusaka High Court to dismiss, with costs, the application by ZCCM Investments Holdings in which it is seeking leave to appeal the court’s decision to stay the winding-up proceedings against Konkola Copper Mine (KCM).
On August 27, this year, High Court judge Annesie Banda-Bobo stayed the winding-up proceedings that ZCCM-IH has instituted against KCM, pending Vedanta’s appeal to the Court of Appeal against the court’s refusal to refer parties to arbitration.
But ZCCM-IH, through its lawyers Shamwana and Company, sought an ex-parte order for leave to appeal judge Banda-Bobo’s decision to stay the winding-up proceedings.
This is the matter in which ZCCM-IH has petitioned the Lusaka High Court seeking an order that KCM should be wound-up for engaging in tax evasion and being managed in a manner detrimental to its interest, among other allegations.
Vedanta, however, wants the application by ZCCM-IH to be dismissed with costs for being incompetently before court.
In skeleton arguments in opposition to skeleton arguments in support of application for leave to appeal, Vedanta submitted that ZCCM-IH had proposed two grounds of appeal upon which it relied on in challenging the court’s ruling.
It added that Order X Rule 4 of the Court of Appeal Rules bestowed the High Court the jurisdiction to make an order to grant or refuse leave to the Court of Appeal.
Vedanta further stated that it was indisputable that judge Banda-BoBo had the discretion to grant or not grant leave to appeal, but submitted that “this court is limited in certain instances in which it can exercise this discretion, and the case at hand is one such case where this honorable court cannot grant leave to appeal.”
It argued that a party could not appeal from an order staying proceedings before it, adding that it was evidently clear from the ratio of the Supreme Court that when proceedings had been stayed without any reservations as the current case, no further action or steps could be taken in those proceedings until the happening of the event for which the proceedings were stayed, in this case the hearing and determination of the appeal.
“We submit, my Lady, that quite rightly so, the appeal having prospects of success is a key consideration for the grant of a stay. We, however, submit that prospect of success is not the only consideration that the court is entitled to look at before making a grant of stay. It is our humble submission that the grant of a stay of proceedings is an entirely discretionary remedy, and notwithstanding, the court finding that the contributor (Vedanta)’s grounds of appeal lacked prospects of success, (which it submitted in any event is not correct), the court found that the grounds raised novel issues warranting the determination by the Supreme Court (Court of Appeal),” argued Vedanta.
“It is our view that this point sufficed as being ‘more’, which entitled the court to the exercise of its discretion, which we submit was properly and judiciously exercised in the extempore ruling of August 27, 2019.”
Vedanta prayed that the court dismisses ZCCM-IH’s application with costs for being incompetently before court.
About Zondiwe Mbewe
Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.
Email: zondiwe [at] diggers [dot] news
- Tutwa reports Sangwa to LAZ for “professional misconduct” - 19 Sep 2019
- ConCourt sets Sept 27 for ruling on preliminary issues in LAZ Bill 10 case - 19 Sep 2019
- 120 people sue UPPZ leader for fraud over land - 18 Sep 2019
- Miles asks court to reduce child maintenance fee to K1,500 - 18 Sep 2019
- Attempts are being made to curtail my liberty to challenge my dismissal – Mutembo - 18 Sep 2019
- Sit down Mr Findlay (4,185 views)
- Attempts are being made to curtail my liberty to challenge my dismissal - Mutembo (2,862 views)
- IG Kanganja promotes Siame (2,760 views)
- Zesco tariffs to go up by 75%, we also need to revise fuel prices - Minister (2,669 views)
- Zambeef driver commits suicide (1,859 view)
Subscribe For News In Email
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend