This is in a case in which Esnart Thole, a ZNS colonel, as first respondent, and Boyd Hamukwala, the second respondent, have been dragged to court as administrators of the late Elvis Mudenda’s estate.
Kabwe High Court judge Elita Mwikisa subpoenaed Thole after she failed to appear before court over five times and ordered that she appears in court on December 18, 2013 without fail.
This was after lawyer representing the complainant, Francis Nanguzgambo from Nanguzgambo and Associates, applied to the court that a subpoena be issued against Thole for failing to appear before court.
Captain Nanguzgambo argued that this had resulted in delays in concluding the case, thereby denying his clients justice.
Ms Justice Mwikisa granted the application and warned that the court would be forced to proceed with the case if Thole fails to appear in court.
A Times’ court search indicated that Felistus Sibonga had sued as mother and guardian of the minor Elvis Mudenda while Getrude Chola sued as mother and guardian of another child, Naster Mudenda following failure by Thole to account for K542,378,490.00 released by the Public Service Pensions Fund Board which was expected to be shared as per order.
The two applicants had sought to recover the balance of the money from their late father on the basis that the K30,000 given to each of them was a serious underpayment.
According to the order of payment written by the deceased, 70 per cent of the late Major Mudenda’s benefits was supposed to be given to his children while 20 per cent was to be given to Thole.
Maj Mudenda’s parents, who were dead at the time the will was written, and the dependants were supposed to receive 10 per cent of the benefits.
However, no reasons were given for the underpayment.
The court rejected the appointment of ZNS legal clerk Fericore Sibanda as power of attorney for Thole, describing it as irregular, misconceived, and null and void.
Justice Mwikisa said the case before court was a personal matter and that it was clear that Mr Sibanda accepted to be appointed out of ignorance.
Times of Zambia