THE Kitwe High Court has dismissed with costs a case in which ZCCM Investment Holdings Plc sued former republican vice-president Enoch Kavindele’s company, Woodgate Holdings Limited, claiming over US$1.9 million as proceeds from the sale of copper concentrates.
This is in a case in which ZCCM-IH Plc sued Woodgate Holdings Limited claiming US$1,900,430 as proceeds of the sale of copper concentrates to the company.
Kitwe High Court judge-in-charge Rhoyda Kaoma said in her judgment on March 18 she is not satisfied that ZCCM-IH has proved on a balance of probabilities that Woodgate Holdings Limited is indebted to it in the sum of US$1,900,430 as an outstanding balance in respect of sale proceeds of copper concentrates.
“In conclusion on this aspect of the matter, and regrettably so, the plaintiff’s claim fails and is dismissed with costs to the defendant,” Mrs Justice Kaoma said.
On Woodgate Holdings Limited counter-claim, Mrs Justice Kaoma said based on the evidence before her, it is a fact that an excess amount has been paid by Woodgate Holdings Limited amounting to K19,422,183.
She said this represents the difference between the amount of K2,120,750 paid by Woodgate Holdings Limited and the K2,101,327,817 in the letter of demand.
Mrs Justice Kaoma said ZCCM-IH’s former accountant Fackson Phiri admitted that as far as the demand letter is concerned, this amount must be returned to Woodgate Holdings Limited.
“Having dismissed the plaintiff’s claim, and on the totality of the evidence, I am satisfied that the defendant is entitled to recover the amount overpaid to the plaintiff,” she said.
She accordingly entered judgement in favour of Woodgate Holdings Limited for the amount of K19,422,183 with interest at 10 percent and costs to be taxed if not agreed.
[Zambia Daily Mail]
Details of case would have helped us also reach our own conclusion.
1.
Don’t you trust the judiciary system in Zambia?
hehehehehehehehehehehehehehe
Kavndele was dealing in Copper Concentrate??????? So Kavindele Ni KopaKopa Kopala also.
To suggest that details of a case would have helped us understand the case doees not imply that we don’t understand trust the judiciary
Ba Kavindele ba mudala, ka change ako tushitemo tu shekas
There are alot of Copper dealers these days no wonder only afew guys have got wealth. Is it being crafty or just smart business games.
Kavindele is just smart. He has even forgotten about the MMD Vice-Presidency since he is getting what he wants nowadays………..North West Railway licence, next it will be the Fourth Mobile Licence from ZICTA……..well its the way of the world.
So Percy is also a Gerabo?
Congrats Mwata, we are behind you in spearheading development in North Western Province. Twasakwila chinji.