M’membe’s case proceeds

Wed, 01 Mar 2017 13:12:48 +0000

BY CHIKUMBI KATEBE

FRED M’membe has been allowed to proceed with his suit against Investrust Bank, an institution he owed huge sums of money because the Court of Appeals has no jurisdiction to stay the matter commenced in another court.

This is in a matter in which five former Post Newspaper in Liquidation employees and Zambia Revenue Authority (ZRA) applied for the stay of proceedings in a matter in which Mr M’membe has sued the Bank over properties claimed as security for the loan he had acquired.

The petitioners submitted that the earlier case over the winding up of the Post Newspaper and the latter in which former newspaper boss has sued the Bank should not be consolidated as the main matter which “will address all issues in controversy among the parties in both causes, as envisaged by section 13 of the High Court Act”.

Court of Appeals president Justice Flugence Chisanga in her ruling said a single judge could not stop proceedings in a matter already underway in another court, but that as a court, they would allow to hear the appeal against its consolidation with the main matter.

Justice Chisanga explained that in the present case before her, the decision appealed against was of the High Court, which the Court of Appeal would determine.

“The question whether or not cause number 2017/HPC/0050 should be stayed properly falls to be determined but the court, as it is not an interlocutory application, but the main appeal,” she said.

The petitioners had argued that if the matter was not stayed pending the application to consolidate, the likelihood that judges presiding over the two causes would render conflicting rulings or orders was overpowering.