THE Supreme Court has set December 18 this year as the date in which it will deliver judgement in an appeal case where JCN Holdings, Post Newspapers Limited and directors of the defunct Zambian Airways Directors were ordered to pay Development Bank of Zambia (DBZ) K14 billion debt.
This was in 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 judgement that ordered them to pay K14 billion sought by the bank.
They also asked for a stay of execution of the judgement.
In a notice of hearing to all parties by the master of Supreme Court, Yorum Mwale indicated that they should all be seated by in Court room 2 within the Supreme Court building by 09:00 hours on December 18 this year.
“Take notice that the above appeal will be heard and determined by the Supreme Court sitting to be held on December 18 2013, a bench of Supreme Court judges will be constituted and announced later,” read the notice.
The appellants claimed that High Court judge Nigel Mutuna erred in law and facts when he passed judgement in a matter which was discontinued by the bank to facilitate investigations on how the files moved from the one who was in conduct of the matter Mr Justice Dennis Wood.
Judge Mutuna had ordered in his judgement that JCN Holdings, Post Newspapers Limited and Nchito pay K14 billion to the bank with interest at current rate.
He ruled that there could be no stay of proceedings before his court or any other court for purpose of facilitating investigations by the Minister of Justice or indeed the executive as a whole.
“Arising from my findings…it is clear that the first and second defendants’ application is not only misconceived but bereft of any merit. Their predicament is compounded by the fact that the issues they are raising now in relation to the reallocation of the record to this court, transfer of matters between courts and procedure for refusal were dealt with on 25th August, 2011…,” judge Mutuna ruled.
The Supreme Court bench that heard the matter included Justices Florence Mumba, Florence Lengalenga and Muyunda Wankie.