Lawyers representing Lusaka businessman Rajan Mahtani have filed summons in the Lusaka High Court to set aside the writ of possession granted to Antonio Ventriglia and Manuela Ventriglia who were granted a writ of possession of Zambezi Portland Cement (ZPC).
In the writ filed by Mr John Sangwa of Simeza, Sangwa & Associates before Judge Evans Hamaundu, the applicants want that the writ of possession to be set aside, claiming that it does not comply with the provisions of Order 45 Rule 3 of the Rules of the Supreme Court of 1999 because there is no order of judgment for giving of possession of ZPC.
They have also argued that that no leave of the court has been obtained in the matter before the issuance of the writ of possession,
In his affidavit in support of the exparte summons to stay execution of writ of possession, Mr Sangwa says he was not aware of any application being made by Mr Antonio Ventriglia and Mr Manuela Ventriglia as the first and second plaintiffs seeking leave of the court to issue the writ of possession dated January 25 2013.
He says it was for that reason that he wants the court to set aside the writ of possession for alleged irregularity so that both parties could be heard,.
Mr Sangwa has applied to the court asking that all further proceedings on the writ of possession dated January 25 2013 be stayed and that the Sheriff of Zambia should withdraw from executing the same writ due to irregularity,
On January 25, the Lusaka High Court granted the first and second plaintiffs who have since been deported from Zambia, writ of possession to take possession and defend the property of ZPC
The matter comes up February 27 for hearing of the application.