The Choma Subordinate Court has granted businessman Fines Malambo 14 days leave to amend his writ of summons in a case against Airtel, after it was established that the wrong entity had been sued.
Mr. Malambo had initially taken legal action against Airtel Network Zambia PLC over funds he sent through Airtel Money that were mistakenly transferred to the wrong recipient.
However, Airtel’s legal team argued that mobile money services are not operated by Airtel Network Zambia PLC, but by Airtel Mobile Commerce Zambia Limited — a separate entity licensed to handle Airtel Money transactions.
“Airtel Network Zambia PLC has been wrongly sued. The correct party to this action is Airtel Mobile Commerce Zambia Limited,” the defendant’s lawyers submitted in their affidavit in support of summons to strike out the matter.
In response, Mr. Malambo said all his transactions and complaints had been handled at Airtel offices in Choma, without any indication that Airtel Money was operated by a separate company.
“When I registered my SIM card and used Airtel Money, I was attended to by staff at the Airtel offices in Choma. At no point was I told there was a different company responsible for Airtel Money,” he stated.
He further argued that to the general public, Airtel operates as one company since the same staff and premises serve customers, making it unreasonable to expect them to distinguish between the two entities.
Delivering his ruling, Magistrate Brian Malambo declined to dismiss the case and instead granted the plaintiff leave to amend his writ of summons.
“The plaintiff is granted 14 days leave in which to amend the summons and sue the proper defendant, Airtel Mobile Commerce Zambia Limited,” ruled the magistrate.
The matter has since been adjourned.
Great ruling from the learned Magistrate Brian Malambo. This is a very interesting case to follow by us with legal minds.
What is great pamene apa?
How do you have a legal mind? Surely if you are a judge you would know that a case cannot commence when you sue the wrong party!
So this is how the new tuntemba companies steal money from unsuspecting citizens! They just split operations in one company so that in future they can say it’s not us. If they are found guilty they must be made to refund costs for all processes of this hearing.
The poor complainant has to hunt for who stole his money. Government must protect citizens from this kind of fraud. Lawyers! What’s the solution?