Mosho recruits another agent to fight M’membe in court

By Staff reporter
Another former Post Newspapers Limited (in liquidation) employee, Francis Lungu, has filed a petition in the Constitutional Court, seeking a declaration that the consent judgment signed by judge Sunday Nkonde to winding up liquidation of the company is valid.
On January 10 this year, Lusaka High Court judge Nkonde signed a consent judgment that was prepared by Lusaka lawyer Lewis Mosho ex parte, declaring The Post insolvent and paving the way for winding up of the company’s liquidation.
The same judgment confirmed Mosho as liquidator of the company.
Post Newspapers Limited (in liquidation) shareholder, Dr Fred M’membe has since challenged the judgment in the High Court.
He has also challenged judge Nkonde’s misconduct on the liquidation case in the Constitutional Court.
In a petition filed on February 12, Lungu cited Dr M’membe as 1st respondent, Attorney General as second respondent, and Post Newspapers Limited (in liquidation) as 3rd respondent.
Others cited are Abel Mboozi, Roy Habaalu, Andrew Chiwenda, Mwendalubi Mweene, Bonaventure Bwalya, and Zambia Revenue Authority as 4th, 5th, 6th, 7th, 8th, and 9th respondents respectively.
“Your petitioner, therefore PRAYS and SEEKS the following reliefs: (i) Declaration that the consent judgment dated 10th January 2018 under cause No 2016/HPC/0518 was and is valid as it was determined by the court of competent jurisdiction. (ii) A declaration that under the circumstances and facts the 1st Respondent not being a party under cause No 2016/HPC/0518 cannot challenge the consent judgment entered into under that cause,” stated the petition.
“(iii) A declaration that the 1st respondent who is also a petitioner under cause No 2018/CCZ/001 has no locus standi whatsoever to commence the matter under the said cause seeking relief under a cause to which he was not a party namely causes No 2016/HPC/0518 and 2017/HK/771. (iv) A declaration that the consent judgment dated 5th December 2017 under cause No 2017/HK/771 is legal and valid and cannot be challenged by a non party.”