Judge recuses herself in Post liquidation case

Lusaka High court judge Mwamba Chanda has recused herself from a case in which former Post Newspapers Limited (in liquidation) managing director Dr Fred M’membe appealed against a consent judgment signed by judge Sunday Nkonde.

On January 10, judge Nkonde signed a consent judgment filed by Mosho that also confirmed the latter as liquidator and allowed him to wind up liquidation of Post Newspapers Limited.

But on Monday this week, Dr M’membe appealed against the consent judgment through his lawyers Nchito & Nchito Advocates.

And when the matter was allocated to judge Chanda on Wednesday she recused herself.

By press time, the matter had not been allocated yet, and court sources told Newsday Zambia that it would only be allocated on Thursday.

According to a writ of summons filed in the Lusaka High Court dated January 15, 2018, Dr M’membe who is the first plaintiff while Post Newspapers Limited is the second cited former employees Abel Mboozi, Roy Habaalu, Andrew Chiwenda, Mwendalubi Mweene, and Bonaventure Bwalya.

And in a statement of claim, Dr M’membe is seeking an order setting aside the consent order authorised by judge Nkonde.

He is also seeking an order staying the proceedings and orders granted by judge Nkonde, any other reliefs the court may deem fit, and costs.

Dr M’membe argued that he was at all material times shareholder in Post Newspapers Limited.

He further submitted, among others, that the second plaintiff was a company incorporated by the Companies Act to which provisional and final liquidation orders were given by judge Nkonde through exparte.

And Mosho, through his agent Bonaventure Bwalya, challenged the appeal and asked the court to dismiss it.

In his skeleton arguments, Bwalya filed for the discontinuance of the appeal, claiming that Dr M’membe who was aware of the winding up proceedings in court did not challenge the matter.

Bwalya, acting on behalf of Post Newspapers Limited, filed for an unconditional discontinuance of the appeal.

“TAKE NOTICE that the 2nd Plaintiff herein and wholly unconditionally discontinues this cause of action and or matter against all the defendants,” stated Bwalya.