M’membe challenges confirmation of Mosho as Post liquidator

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The Post editor Fred M'membe leaving court on Friday 4 June 2010 after receiving a four month prison sentence for contempt of court. Photo courtesy of The Post
The Post editor Fred M'membe leaving court on Friday 4 June 2010 after receiving a four month prison sentence for contempt of court. Photo courtesy of The Post

Former Post Newspapers Editor-in-Chief Fred M’membe has asked the High Court to stay the execution of the judgment that declared the company insolvent.

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Mr. M’membe has further challenged the confirmation of lawyer Lewis Mosho as the liquidators of the company.

 

He has argued that the decision is illegal because he was not given time to be heard.

 

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This is contained in the affidavit in support of summons to stay the execution of the consent judgment delivered by Justice Sunday Nkonde.

 

In this matter Mr. M’membe has sued his former five employees and the Zambia Revenue Authority.

 

The court will now have to determine whether Mr. M’membe has locus standi in the matter as well as whether the Post Newspaper in Liquidation has powers to sue following the decision of the court to declare it insolvent.

 

In his judgment Judge Nkonde said no one opposed the petition to Wind up the operation of the Post Newspaper in Liquidation.

 

The court held that the company had more liabilities than assets.

Meanwhile, the Six former Post Newspaper employees have asked the Lusaka High Court to dismiss the firm’s former Editor-in-Chief Fred M’membe’s application to halt the execution of the consent judgment that declared the company insolvent.

 

They say Mr. M’membe cannot sue them because the Post Newspaper in Liquidation withdrew all its claims against the respondents.

 

They have argued that Mr. M’membe is abusing the court process because he was aware of the petition of winding up the company but opted not to join the proceedings.

 

They have further told the court that Mr. M’membe also did not opposition the petition of winding up the company.

 

This is contained in an affidavit to support the dismissal of the matter on point of law filed by Bonaventure Bwalya.

 

ZNBC

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