Lusaka High Court Judge Charles Kajimanga has dismissed the case in which Finance Bank Zambia (FBZ) Limited had sued Flame Promotions and Procurement (FPP) Limited and its director Mohamed Abdelefattah Salama over a debt of over US264 000 and K 1.8billion.
FBZ as the plaintiff in the matter had sued FPP and Mr Salama as the first and second defendants and was seeking a relief that the money lent to the latter stood at US$264,328.28 as at September 30, 2011 in respect of account number 0010303222006 and K1,867,448,390 in respect of account 0013033220012.
But the defendants believed that FBZ conduct in raising matters in these proceedings which could have been litigated upon amounts to forum shopping or multiplicity of actions. FPP and Mr Salama applied to court to dismiss FBZ action for abuse of court process.
Delivering ruling, Judge Kajimanga was of the firm opinion that the action was an abuse of the court process.
“In the final analysis, I conclude that this application has merit, the plaintiffs action is accordingly dismissed for being an abuse of the court process,” he said
Judge Kajimanga said that it was plain from the above that apart from Mr Mahtani and Mr Salama who do not appear in all the three cases, the parties are substantially the same and that above all it was worth noting that in all the three cases the subject matter of the dispute was the same namely account numbers 0013032220012, 001302333001 and 0010303222006.
“In my opinion, this state of affairs buttresses the defendants argument which I find credible that the plaintiffs claims in this matter could have and can be claimed in cause numbers 2011/HP/1124 and 2011/HP/1126.
To maintain this matter on the cause list will undoubtedly result in a multiplicity of actions which courts deprecate because of the obvious risk of conflicting judgments being rendered on the same subject matter,” said the Judge.
funds drawn from account 0010303222006 in the name of the plaintiffs that were drawn using instruments purportedly signed by Zulfikar Patel.
However, FPP deposed that the process in both matters was duly served on FBZ and that the action by FBZ could have been raised and litigated upon in earlier proceedings by FBZ by way of counter claim as opposed to fresh proceedings which deal with the same subject matter.
.
Mahthani! You tried very hard to use Nchito (DPP) office to influence this case but it all went against you.
Not all judges can dance to your brown envelops, or using the Highest Office in the land to scare Judges & Defence Lawyers.
Kajimanga working whilst Chikopo is just chewing our money.
So this Mahtani and Finance Bank are really crooked. No wonder Bank of Zambia seized the bank. Sata saved Mahtani in the same way he is trying to save Nchito and Mmembe from the 18 Billion DBZ loan. Is this not the corruption they are suppossed to be fighting?
Now its 18billion. Trouble
Leave Mahtani alone he does not eat his money alone but with all zambians at large, this guy is looking after so many zambians through creating so many employments talk of FBZ, PICZ, PLA, FBS, LFC, CHIMANGA CHANGA, FINSBURY INVESTMENTS, MOOR APARTMENTS, CHF, SFH, MGC, PSL etc etc all with atleast good salaries now just imaging if he decides to close all these companies what will be of zambia with all the employees and families of these companies? who has ever employed so many people in zambia like him? not even HH or MILUPI with thier so called family riches MAHTANI has a family with all zambia people we should just thank GOD for this soul even if he is called a crook but he does not forget his friend next door who has nothing
# 4 it seems you have alot of fear and unconfident about your self . Zambians have reached a stage where such companies can be refinanced through suitable financing on the market and run viably through Management Buy Out 0r PPP the skills are there , no wonder they are in operation at a profit
No. 5 yes you might be right but look at the political field as at now, zambians can never trust these recycled politicians who are busy frustrating the economy of this country to enrich themselves, unconfident, fear or not Mahtani has helped the econonmy of this country, give a credit were it is due
Didnt Chimanga Changa belong to someone else,finsbury and some other companies? He was running pipo’s businesses and later squeezed them out or stole.