M’membe’s appeal allocated to judge Newa
Post Newspapers Limited (in liquidation) managing director Dr Fred M’membe’s appeal against a consent judgment signed by judge Sunday Nkonde has finally been allocated to judge Sharon Newa.
On Wednesday, judge Mwamba Chanda recused herself when the matter was allocated to her.
This is in a matter where Dr M’membde challenged Post Newspapers Limited provisional liquidator Lewis Mosho’s consent judgment, signed on January 10 by judge Nkonde, that declared the newspaper insolvent and subsequently confirmed the former as liquidator.
On Monday this week, Dr M’membe appealed against the consent judgment through his lawyers Nchito & Nchito Advocates.
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.
And appearing before judge Newa on behalf of Bwalya on Thursday, Mosho wondered why she was entertaining the matter when his team had already filed for a withdraw of the same.
But judge Newa requested Mosho to make a formal application.
