Judge Chisanga reserves ruling in application for consolidation of Post liquidation cases to Feb 28


LUSAKA High Court judge Fulgence Chisanga has reserved to tomorrow ruling in a case where five former Post Newspapers Limited employees who petitioned to liquidate the company are seeking to consolidate their matter before judge Sunday Nkonde and a new matter commenced by Fred M’membe this month.
Last November, former employees of the Post Newspapers Limited (In liquidation) Andrew Chiwenda, Roy Habaalu, Bonaventure Bwalya, Mwendalubi Mweene and Abel Mboozi [who are being used to shut down the company] petitioned the Lusaka High Court to consider the company for liquidation over alleged debt.
The five stated that the matter was taken to court in November last year and that by a ruling dated January 19, 2017, Investrust Bank Plc was joined to the proceedings.
They stated further that on February 3, M’membe commenced another matter under a different cause.
The five therefore want judge Chisanga to stay proceedings in the new matter pending determination of the application to consolidate the two matters because they had similar parties.
The petitioners felt that if proceedings in the new matter were not stayed, the application to consolidate the cases would be rendered academic in that there could be adverse orders or rulings which could be made in Dr M’membe’s application that could affect the determination of both matters.
“We submit that this is an appropriate cause where an order for consolidation should be granted. The two matters have similar parties, interested persons and the same subject matter,” they added.
Meanwhile, Post Newspaper Limited in liquidation has also appointed lawyer Robson Malipenga as its co-advocate./SM/JC

Leave a Reply

Your email address will not be published. Required fields are marked *