THE Development Bank of Zambia (DBZ) has withdrawn its lawyer Buta Gondwe from representing the financial institution in a case in which it has sued defunct Zambian Airways shareholders over a K14 million loan.
When the matter came up for trial before Lusaka High Court judge Justin Chashi yesterday, Mr Gondwe told the court that trial could not proceed because DBZ had withdrawn him from handling the case.
“We are unable to re-sit today because there is a new development. My clients have withdrawn their instructions from me.
“So there will be another lawyer to represent the bank and I am, therefore, applying for an adjournment,” Mr Gondwe said.
This is a case in which DBZ has sued JCN Holdings, The Post and suspended Director of Public Prosecutions (DPP) Mutembo Nchito, shareholders of the defunct Zambian Airways, over a loan they obtained from the bank.
Mr Justice Chashi advised Mr Gondwe to file a formal application, which would be heard in chambers.
“You need to put the house in order for us to proceed,” urged Mr Justice Chashi.
He also expressed concern that the court has lost three days before commencing trial.
Mr Justice Chashi said delays in commencing trial are affecting the court’s diary and the time of the respondents.
And Mr Nchito, who is representing himself in the matter, also expressed concern about the delays in commencing trial.
Mr Justice Chashi, however, granted the application and adjourned the matter to June 23, 2015.
On Tuesday this week, Mr Justice Chashi directed lawyers representing DBZ to amend the writ of summons to bring it to conformity with the statement of claim.
Now they want to put a cadre as lawyer just to finish Mmembe and Nchito. This case is non starter if you know that Zambian Airways is an independent entity representing itself in court. These so called owners will walk out clean. So to get these guys you need a cadre with real ballls not fake one
Don’t we have provisions in company law which allow lifting of the veil when it is felt that directors acted improperly? I think this is what are are looking for.
@house fly you are very styoped! Think beyond you nose.the current lawyer is the one who is a cadre brought in after Vincent Malambo was withdrawn by the curtail during Sata. Original Zambians want mmembe to pay back 14 billion unlike you a chinese made zambian.
@ ganja farmer @ fly house
May be you will do us some justice by defining the word “cadre”. lol
I guess it depends on which side of fence you are sitting on. The M’membe group probably viewed Malambo as a cadre (pro-RB) just like the anti-M’membe have the right to view Buta Gondwe as a cadre (pro-cartel). Lol
Buta Gondwe is a friend of Mutembo Nchito, both being members at Lusaka Baptist Church. The bank probably thought of there being a conflict of interest, brother versus brother.
Thanks a lot for the article post.Thanks Again. Much obliged.
insurancewhisper