THE Development Bank of Zambia has won the bid to contest the High Court ruling in the matter against Post Newspapers’ Fred M’membe and suspended Director of Public Prosecutions Mutembo Nchito over the K14 billion DBZ loan they allegedly owe pending the Supreme Court hearing.
The decision by High Court Justice Justine Chashi allows DBZ to contest the ruling against the application to join Post Newspaper proprietor Fred M’membe and Nchima Nchito to the plaintiff’s witnesses list as well as inclusion of Mine Air services Limited to the matter..
The appeal also means the bank could challenge the High Court ruling to refuse them expunge documents irregularly obtained, and which were added to the defendants’ bundle of documents, and the Due Diligence Report.
Mr Justice Chashi made the ruling on an application from the bank which he said lacked strong objection from the defense team and therefore stayed Court proceedings pending the appeal hearing and subsequent determination.
The DBZ legal team had applied for a stay of High Court proceedings to allow for their appeal to be heard and concluded in the Supreme Court over a number of applications meant to consolidate their evidence in a bid to recover the K14 billion loan obtained by the now defunct Zambian Airways.
“With the plaintiff’s application and there being no strong objection from the defendants, I will grant the application for stay of proceedings arising out of the ruling pending appeal.
“Meaning, in the meantime, the court will not proceed towards setting down the matter for trial. However, all outstanding interlocutory applications which are pending before the court will have to be heard and determined,” Justice Chashi said.
This was after an inter-parte hearing yesterday where the bank had presented heads of arguments and skeletons in support of their application to stay proceedings in the High Court.
The bank had requested the High Court to halt proceedings on the K14 billion case in the High Court until such determination was made at the Supreme Court.
Mr Justce Chashi previously rejected several applications including one to expunge bundles of documents of the defendants’ witnesses for the consolidation of their evidence against the defunct Zambian Airways management concerning the K14 billion outstanding loan, as well as applications to join witnesses from the defence to the plaintiff’s list.
Mr Justice Chashi said following his ruling of February 10, 2016, he had set down the matter for status conference with a view to looking at the way of setting down the matter for trial, but that in view of the Supreme Court appeal, there was no way the case could continue.