DBZ seeks to join M’membe, Zambian Airways case

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THE Development Bank of Zambia (DBZ) has applied to join The Post newspaper editor-in-chief Fred M’membe and Zambian Airways Limited, in a matter where it is demanding a K14 million loan payment.
DBZ also wants Lusaka lawyer Nchima Nchito and Mines Air Services to be joined to the proceedings as first, second, sixth and seventh defendants in the case.
DBZ in this matter dragged JCN Holdings Limited, Post Newspapers Limited and former director of Public Prosecutions (DPP) Mutembo Nchito to court over the K14 million loan.
In the application, the bank has further asked the court to issue an order to designate as third, fourth and fifth defendants respectively and not as they appeared now.
The other application before High Court Judge Justin Chashi was for leave to re-amend the writ of summons in support of the amended statement of claim as well as filing additional witness’ statements, supplementary bundle of documents and expunging witness statements of Mr Richard Phiri and James Bilias Kapesa.
In response to the application the plaintiffs wondered whether it was lawful to join the parties to an action by amending pleadings in such a manner that the effect was to commence actions that were statute barred.

 

The plaintiffs also questioned whether it was lawful to amend a writ and Statement of Claim by adding new claims which had passed statutory limitation period.
Mr Justice Chashi had however reserved ruling to join the four on grounds that the defendants used a wrong procedure in their response through a notice rather than an affidavit.
“In my view, the notice to raise preliminary issues is irregular and was unnecessary and is therefore dismissed but in view of cardinal issues raised, I will order that the defendants file an affidavit in opposition with arguments within 14 days,” Mr Justice Chashi said.
This would also allow the plaintiff’s advocates to be at liberty to file an affidavit in reply within seven days and the plaintiff’s composite application would then be heard.
The matter was adjourned to October 15, this year.

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