Leading Fishing Company obtains ex-parte order

Leading Fishing Company obtains ex-parte order

Mpulungu, July 13, 2013, ZANIS —  ANDREAS Fishing Company of Mpulungu has obtained an ex-parte order of stay for the sale of its motor vehicles and company property that were recently seized by bailiffs.

The seizure of the company property followed a Judgment by High Court Judge Patricia Ngulube in favor of 62 former employees of Andreas fisheries who were dismissed in 2007, without pay.

In her ruling, Judge Ngulube noted that the former workers were entitled to damages amounting to K587, 000.00 each, and costs of K16, 500.00 as pleaded because they were unlawfully and unfairly dismissed by the company.

She added that by dismissing the plaintiffs in the manner he did, the defendant was liable for breach of contract as the employees were affected in an adverse way.

The matter was before the Kasama High Court and the court further went on to issue a writ of fieri facias (fi.fa) or writ of execution ordering the bailiffs to seize goods or property from Andreas fisheries now Standard fisheries to pay the amounts ordered.

‘’ You are here commanded in the President’s name that the goods and chattels of Andreas’ fisheries company you cause to be made the sum of K587, 500.00 and K16, 500.00 costs and also interest at 35% per annum from the date the writ was issued in 2009,’’ stated the Kasama High Court.

The contents of the writ of fieri facias (fifa) further added, ‘And that you have that money before the said court immediately after the execution hereof to be paid to the said Jimson Sichivula and 61 others in pursuant of the said order’’.

The bailiffs later swung into action and pounced on the company where goods worth millions of kwacha were seized.

Among the goods that were seized included four (4) motor vehicles, four (4) fishing boats and cold rooms (refrigeration machinery).

But according to an ex – parte order of stay issued by Ndola High Court Judge Timothy Katenekwa, the bailiffs were directed to stay the sale of the seized goods pending application for special leave to appeal and for leave to file appeal out of time.

‘’Upon reading the affidavit of one Bernard Angel Nshindo (representative of Standard fisheries) and upon hearing counsel of the defendant it is hereby ordered that the sale of the seized goods by the Sheriff of the republic of Zambia be and is hereby stayed pending the determination of the application for Special Leave to Appeal and for leave to file appeal out of time,’’ Judge Katenekwa’s order read in part.

Andreas’ fisheries was represented by Dzekedzeke and company whilst the 62 ex – employees had engaged the services of the legal aid board from Kasama.