CEEC disobey court order?

THE Citizens Economic Empowerment Commission (CEEC) has disobeyed the Lusaka High Court order by Judge Dominic Sichinga which stopped them from selling Lusaka’s Emmams Motel belonging to a Kafue businessman Emmanuel Munthali.

This was after the commission (CEEC) was dragged to court when it attempted to repossess the motel after Mr. Munthali had defaulted on paying the loan back.

In 2013, Emmams Motel Limited procured judgment in default after CEEC failed to appear and offer defence pursuant to order XII rule 3 of the High Court rules.

According to the judgment which was delivered by Judge Sichinga on 21st October, 2013 and filed at the registry, it set aside a consent judgment entered between Emmams Motel and CEEC.

“The defendants not having responded to the writ of summon and not having delivered defence to the statement of claim herein, it is this day adjudged that final judgment be entered in favour of the plaintiff for an order to set aside the consent judgment signed between Emmams Motel and the Citizen Economic Empowerment Fund dated 4th October, 2012 under cause number 2012/HPC/0303,” the judgment stated in part.

Justice Sichinga also ordered that in the alternative, an order to sell Emmams Motel building together with all unused building materials thereon at the current market value out of which the defendant (CEEC) would be paid its outstanding balance.

But CEEC has gone against the High Court order by advertising for the sale of Emmams Motel.

According to the advertisement placed in the Times of Zambia, Daily Mail and the Post Newspapers, CEEC as mortgagee in possession has invited offers from interested individuals for the purchase of properties whose details had been outlined.

Emmams Motel is placed 7th out of 16 properties on the sales list for CEEC. And a search at the Lusaka High Court indicated that the latest activities on the file was the judgment in default entered against the CEEC in 2013 and no appeal against the judgment had been made.

Categorized | Court News

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