THE Development Bank of Zambia (DBZ) has appointed prominent Lusaka lawyers Bonaventure Mutale and Kennedy Kaunda to represent it in an effort to recover the K14 million loan from JNC Holdings, the Post Newspaper, Mutembo Nchito and Fred M’membe.
Recently, DBZ revoked the appointment of Mr Guta Gondwe.
When the matter came up for status conference in chambers yesterday before High Court judge, Justice Justine Chashi, Mr Mutale informed the court that DBZ had appointed him and Mr Kaunda from Messrs Ellie and Co. to represent the bank.
Mr Mutale also applied for vacation of July dates set for hearing of the matter as he would have another matter in the Supreme Court on 28 and 29 July.
The defence lawyer Nchima Nchito did not object to the application and the matter has been set for September 2, 3 and 8.
In April, the last time Mr Gondwe represented DBZ, he had difficulties to justify why he wanted the matter to proceed in the absence of the amended writ of summons which Justice Chashi emphasized was a critical component to the commencement of the case.
Mr Gondwe admitted that it was an oversight on his part to have ignored to make amendments to the writ of summons but insisted that the proceeding could continue to which Justice Chashi strongly objected. Justice Chashi ordered that the DBZ lawyer should cause to amend the writ of summons and file them in court on the same day.
The matter was however forced to adjourn after the lawyers to DBZ and JNC, the Post Newspaper, Mutembo Nchito and Fred M’membe made a consent agreement to amend the statements by witnesses so that they could refer to the bundles of documents before the court.
Mr Gondwe submitted that in light of what had been observed by Judge Chashi to amend the writ of summons, he along with Mr Mutembo Nchito and his brother Nchima should be allowed by the court to apply for an adjournment so that they could make amendments to the statements.