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Supreme Court Overrules High Court In DBZ K14M Case ‘Post Newspapers Wont Pay K14M to DBZ’
The Supreme Court has ruled against the High Court judgment that ordered JCN Holdings, Post Newspapers Limited and Directors of the defunct Zambian Airways Directors to pay back 14 million Kwacha(K14 billion old currency) debt owed to the Development Bank of Zambia (DBZ).
This is a matter in which JCN Holdings, Post Newspapers editor-in chief Fred M’membe and former Zambia Airways Director Mutembo Nchito had appealed against the Lusaka High Court judgment that ordered them to pay K14 billion sought by the DBZ.
Passing judgment this morning, Supreme Court Judge Muyinda Wanki said the court’s decision was arrived at after it was deduced that there were irregularities in the transfer of the matter from Judge Albert Wood, who initially handled the matter, to Judge Nigel Mutuma who further heard the matter and determined the judgment on it.
Judge Wanki says Judge Mutuma had no jurisdiction to hear the matter and determine its judgment because the required procedure to transfer the matter from Judge Wood to him was not followed.
Judge Wanki says for this reason the ruling that Judge Mutuna made is null and void.
Judge Wanki has since referred the matter back to the High Court for re-trial under different judges.
Meanwhile the Supreme Court has condemned the conduct of the defense counsels led by Mr. Mutembo Nchito on the day that the said judgment by Judge Mutuma was made to order the paying back of the debt owed to the DBZ.
Judge Wanki says it was contemptuous and irregular for senior lawyers of Mr. Nchito’s kind to walk out of a legally constituted court during its proceedings.
He says such conduct is not expected from senior lawyers serving at the bar.
Posted by Editor
on December 18, 2013. Filed under LATEST NEWS.
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test@e
December 18, 2013 at 3:41 pm
When is the retrial? Can I join in the matter? as lawyer without papers
MpandaMputi
December 18, 2013 at 4:06 pm
What do u expect when a judge’s name is Wanki… he probably must have been wanking all the way as he was delivering judgement. hehehehehe lol
surprised!!!
December 18, 2013 at 4:15 pm
RETRIAL! This is a wise decision. The substance of the matter is about the movement of cash from DBZ to loanees. It is not about procedures in court! Or which judge’s name handled the case. Did DBZ extend a loan? Did DBZ get back the money? So let different legal heads examine the matter a second time.
MUSASULA NYO
December 18, 2013 at 5:56 pm
finshi mulelanda ba fikala supreme court is final!!!!!!!
Mumbi
December 18, 2013 at 8:28 pm
He says retry different High court judges as the previous 1 had interests, i add (hatrate from RB & now Hungry Hyna, HH). Viva M’embe your Post was speaking the truth!
concerned citizen
December 19, 2013 at 4:34 pm
what makes you think that there are no interested parties this time? soon you will hear that they have been told not to pay back.mark my words
Ha
December 19, 2013 at 2:46 pm
What was the interest to grab the case that you were not assigned, even when you know when court procedures. You see that’s how corrupt they were in the MMD era. They thought they could get away with any wrong doing. God forbid
concerned citizen
December 19, 2013 at 4:31 pm
Ha,what do you do when you borrow? do you pay back or you find ways of not paying back? if you do, then it matters less who told them to pay back because they must pay back.
Mukombe Wamano
December 19, 2013 at 4:01 pm
Did Mmembe and Nchito brothers borrow the money if the did then they must pay.
concerned citizen
December 19, 2013 at 4:29 pm
the retrial is fine but the issue is that of paying back the money because when you borrow, you must pay back not matter what.
observer
December 19, 2013 at 7:42 pm
The president is vindicated