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.