THE Lusaka High Court has dismissed an application by LapGreen Networks, seeking interim relief to prevent Government from any further dealings that will be prejudicial to its stake in Zamtel.
LapGreen had filed an application for an order of interim relief, in accordance with the Laws of Zambia.
The application seeks to prevent Government from any further dealings that would be adverse or prejudicial to the communication company’s 75 percent shareholding in Zamtel, which was reversed by the State.
But High Court judge Albert Wood said in a ruling delivered yesterday that it is not correct that an order for interim relief in whatever form it is sought, should be granted before hearing and determination of the petition.
Mr Justice Wood said the correct position is that the application should be heard and determined first before an order, writ or direction is issued for purposes of enforcing or securing of any provisions in the Constitution.
“It follows from the foregoing that the application for interim relief in the manner sought by the petitioner must fail. It is accordingly dismissed with costs to the respondent. Leave to appeal is granted,” he said.
Mr Justice Wood said even assuming that LapGreen is entitled to an injunction, there is considerable force that damages will be an adequate remedy in the event that the court rules in favour of the Libyan telecommunications company.
He said this is because LapGreen has prayed for an alternative remedy in the form of an order for compensation, calculated at the market value of the shares, which is essentially a claim for damages.
Mr Justice Wood said it will not be an insurmountable task to determine the damages being claimed, had this been an appropriate matter for an injunction.
He said he does not agree with LapGreen’s lawyers that since the proceedings were contentious, it is necessary to grant an interim measure of protection.
[Zambia Daily Mail]