The Lusaka High Court has dismissed a notice of intention by Former Post Newspaper Limited Editor-in-Chief, Fred M’membe to raise preliminary issues on whether Lusaka High Court Judge , Sunday Nkonde could continue hearing a case involving the liquidation of the Newspaper.
Justice Nkonde says this is because the notice sworn in by Dr M’membe is defective.
Dr. M’membe had intended to raise preliminary issues as regard to the alleged bias by Justice Nkonde.
But, Abel Mbozi and three others urged the court not to allow Dr. M’membe to raise preliminary issues because he is not a party to the proceedings as he was not joined to the case by the court.
And in his ruling Justice Nkonde said having struck out the affidavit for the notice to raise preliminary issues he will not go ahead to determine the questions that Dr. M’membe had raised.
This is in a matter in which five former Post Newspaper Limited ( In liquidation ) employees sued the newspaper to wind up business alleging it has no financial capacity to continue operating.