By PERPETUAL SICHIKWENKWE –
THREE companies have applied for a joinder in a matter in which the Development Bank of Zambia (DBZ) has sued JCN Holdings, Post Newspapers Limited and Mutembo Nchito over a K14 million debt.
Mine Air Services and two other companies have asked Lusaka High Court Judge Justin Chashi to allow them to be joined as defendants in the matter.
Mr Justice Chashi has since set September 23 2015 as a date for hearing of the application.
The matter which came up yesterday was held in chambers where DBZ and the defendants argued on a preliminary issue which has been raised by the defendants.
DBZ had sued JCN Holdings, The Post and suspended Director of Public Prosecutions (DPP) Mr Nchito, shareholders of the defunct Zambian Airways, over a loan they obtained from the bank.
JCN Holdings, Post Newspaper Limited and Mr Nchito have raised preliminary issues in which they want the court to determine whether it was lawful to join parties to an action by amending pleadings in such a manner that the effect was to commence actions on issues that were statute barred.
According to the notice of intentions to raise preliminary issue filed by Messrs Nchito & Nchito, the defendants want the court to determine whether it was lawful to amend a writ and statement of claim by adding new claims which had passed the statutory limitation period.
They further wanted to find out from the court whether there was property in a witness and whether it was lawful to seek to expunge a witness statement.
JCN Holdings, Post Newspaper Limited and Mr Nchito additionally wanted to find out whether there was legal basis for expunging the legal due diligence report when it was supplied by DBZ.
They further wanted the court to determine whether it was lawful to seek to piece the corporate veil when its cause of action against the alleged principal debtor is statute barred.
Mr Justice Chashi would on September 23, after hearing the application for a joinder, set a date for ruling on the preliminary issues raised by JCN Holdings, Post Newspaper Limited and Mr Nchito.
In 2013, the Supreme Court sent back the case to the High Court for re-trial after it declared null and void an initial Lusaka High Court judge Nigel Mutuna’s judgment that the defendants should pay DBZ K14 million.