POST liquidator Lewis Mosho has called for the arrest of Fred M’membe and his accomplices Mutembo and Nchima Nchito for ignoring a court order and refusing to hand over a list of assets to the High Court.
Mr Mosho has further commenced contempt proceedings against M’membe and the Nchito and Nchito law firm and another person, Rowena Zulu, on allegations of contempt following their continued failure to surrender a catalogue of assets to the liquidator, as well as continuing to masquerade as lawyers of the Post Newspapers in liquidation when in fact they were fired.
This comes after High Court judge Sunday Nkonde granted an ex-parte summons for leave to commence contempt proceedings for committal to prison in accordance with Order 52 Rule 2 of the Rules of the Supreme Court (White Book) 199 edition.
Mr Justice Nkonde has since set December 12 as date for hearing of the application on allegations of failure to obey the court’s orders made by Mr Mosho of Nathan Lewis Advocates as the provisional liquidator.
“The 1st and 3rd alleged contemners have disobeyed the authority of this court by refusing to submit to the provisional liquidator a catalogue of respondent’s assets and have concealed or hidden some assets and properties of the respondent in winding up, thereby undermining and in disregard of the authority of the court which granted the provisional liquidator powers to obtain custody and control of all the assets of the respondent,” Mr Mosho said.
“The 1st and 3rd alleged contemners have refused to comply with the order of this court dated 1st November 2016 by holding out and acting as persons still in control of the respondent when such control now vests with the provisional liquidator.
“The 2nd alleged contemners have refused to comply with the order of this court by holding out and deliberately acting as advocates for the respondent when in fact the provisional liquidator terminated their appointment pursuant to the enabling powers granted to him by this court”
Mr M’membe alleged in an earlier application that he was managing director of the Post newspaper, when he challenged the courts against the order of liquidation that he would pay off the five applicants who sued for the winding up of the company.
Meanwhile Nchito and Nchito Advocates have continued to seek legal recourse on behalf of the Post newspaper in liquidation as the lawyers of the publication despite having been relieved of such position and have since been replaced by Pallan and George, advocates for the provisional liquidator.