LUSAKA High Court Judge Sunday Nkonde has dismissed contempt of court proceedings against Fred M’membe and two others, in a case in which the former Post Newspaper editor in chief was sued by liquidator, Lewis Mosho.
In this case, provisional liquidator Lewis Mosho had wanted M’membe , Nchito&Nchito Company and Rowena Zulu who was Manager Finance at the company to be committed to prison for allegedly refusing to furnish him a catalogue of assets and properties of the newspaper for purposes of winding up the company.
Mr Mosho had also submitted that M’membe and Zulu’s conduct to conceal the 11 truck and trailers while with the knowledge of his appointment as provisional liquidator amounted to an act that disrespected the authority of the court which granted him powers to take control and custody of all assets of the company.
But Judge Nkonde said Nchito&Nchito company could not be cited with contempt because it was not an individual.
He said as at November 1 2016, he did not order either M’membe or Zulu to do anything and that the 11 trucks were packed at Shimabala border before Mr Mosho was appointed liquidator.
He said there was no contempt case against them and therefore dismissed the matter.
“I establish that there is no case established against the alleged contemnors and I dismiss the case of contempt,” he said.
Meanwhile, Judge Nkonde yesterday refused to recuse himself in matter in which former Post Newspaper in liquidation proprietor Fred M’membe asked him to recuse himself citing biasness in the manner he handled the company liquidation matter.
He said he could not recuse himself because there was no successful application for recusal.
He said he would seat and hear the matter and that the request for judges to recuse themselves was sensitive as they would not recuse themselves whenever litigants criticized them. Judge Nkonde said a judge could only recuse themselves if there were reasons for him or her to do so.