DR Fred M’membe has submitted to the Supreme Court that Lusaka lawyer Lewis Mosho cannot use the name of the company to challenge a court decision that is serving the interests of the Post Newspaper (in liquidation), simply because the judgement condemned his role as liquidator.

Dr M’membe has further submitted that the purported lawyers of the Post Newspapers, Lewis Nathan Advocates, Makebi Zulu Advocates and Linus E. Eyaa and Partners, appointed by Mosho, have no authority to bring an action to set aside the judgement in the name of and on behalf of the company.

Dr M’membe has therefore filed a notice of motion to raise Preliminary Issues on points of law.

He wants the Supreme Court to determine whether Mosho is able to act for the Post Newspaper Limited as he is purporting to do, in an action that was brought by a Director and Shareholder suing in the name of the Post Newspaper by exercising his residual power.

Dr M’membe also wants the court to determine whether Lewis Nathan Advocates, Makebi Zulu Advocates and Linus E. Eyaa & Partners as advocates purportedly appointed by Mosho to act for the Post Newspaper Limited are lawfully able to file an application to set aside the Judgment dated February 17, 2022 in the name of and supposedly on behalf of the Post Newspaper Limited on the instruction of Mosho when the company has its own advocates in the name of Nchito and Nchito.

“I am reliably informed by my advocates and verily believe the same to be true that the purported lawyers of the second appellant (Post newspaper) have no authority to bring the action to set aside the Judgement in the name of and on behalf of the second appellant. Further, Mr Mosho cannot use the name of the company to challenge a Judgement that is clearly serving the interests of the second appellant, just for the obvious reason that the Judgement has condemned his role as Liquidator of the second appellant,” submitted Dr M’membe in his affidavit in support of notice of motion to raise preliminary issues.

Mosho recently asked the Supreme Court to set aside the judgement in which it ruled that his actions prior to and post the purported liquidation of the Post Newspapers Limited, are of no legal effect whatsoever.

Mosho argued that the court went ahead to make a number of pronouncements and orders against him as Liquidator of the Post Newspapers Limited without affording him an opportunity to be heard.

He added that the third parties who bought Post assets from him were also not heard by the Supreme Court before making a decision affecting them, further arguing that his acts as the Liquidator are valid notwithstanding any defect or irregularity affecting the validity of winding up or his appointment.

On February 17, the Supreme Court ruled that the liquidation of the Post Newspaper Limited was conducted in a wrongful manner, further ordering that the winding-up proceedings should be re-opened before a different High Court judge, with liquidator Lewis Mosho joined to the matter so that he can bear personal liability of his actions.

Supreme Court judges consisting; Chief Justice Mumba Malila, justices Albert Wood and Jones Chinyama described the liquidation of the Post Newspaper Limited in the manner undertaken by Mosho as a faux.