M’membe challenges consent judgment in Post liquidation case
FORMER Post Newspapers Limited (in liquidation) managing director Dr Fred M’membe has appealed against a consent judgment that judge Sunday Nkonde granted provisional liquidator Lewis Mosho, declaring the newspaper insolvent.
But Mosho has also gone to court again and challenged the appeal using his agent, Bonaventure Bwalya.
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.
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 (in liquidation) is the second has cited former employees Abel Mboozi, Roy Habaalu, Andrew Chiwenda, Mwendalubi Mweene, and Bonaventure Bwalya.
And in a statement of claim, Dr M’membe who is being represented by Nchito & Nchito Advocates, 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 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.
