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Judge Kamwendo stays Kingphar consent order

KABWE High Court judge Isaac Kamwendo has stayed the consent order he granted against Kingphar Company Zambia Limited, which placed the firm on liquidation and appointed Lusaka lawyer Lewis Mosho as its business rescue administrator.

This is in a matter between Youjun Zhuang and Wang Qinghai as first and second appellants respectively on one part, and Kingphar Company Zambia Limited and Bumu General Trading FZE as respondent and interested party respectively on the other part.

On May 15, 2020, Kingphar Company Zambia Limited shareholder, Wenxiu Pan, complained to Chief Justice Ireen Mambilima about the questionable way in which the firm was placed under liquidation by the Kabwe High Court, which also appointed Mosho as the business rescue administrator.

In a letter dated May 15, 2020, Wenxiu,

director at Bumu General Trading FZE which is a shareholder in Kingphar, highlighted a lot of questionable activities that took place before the decision was reached.

In a letter copied to the judge-in-charge at Kabwe High Court, Anti-Corruption Commission director general, and President Edgar Lungu’s legal advisor, Wenxiu was seeking justice Mambilima’s intervention in the matter where he feels that justice has been subverted.

And according to the order dated May 18, 2020 and signed by judge Kamwendo, the matter is scheduled for inter partes hearing on May 26, 2020.

“UPON READING the defendant’s affidavit in support; UPON HEARING counsel for the Interested Party IT IS HEREBY ORDERED that the Consent Judgement entered herein dated 21st April 2020 BE and IS HEREBY stayed pending determination of the action to set it aside and the INTERPARTES hearing will be held on the 26th day of May 2020 at 09:30 hours and costs are in the cause,” stated judge Kamwendo.

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