Court News

Moxico director Davies, UPND’s Muzungu face jail for contempt

Kalengwa Minerals Processing Limited has asked the Lusaka High Court to commit Moxico Resources Zambia Limited director Alan John Davies, UPND chairperson for International Relations Mulondwe Muzungu and other directors to prison for several contempt of court.

In this case, Kalengwa Mineral Processing Limited cited Moxico Resources Zambia Limited, Euro Africa Kalengwa Mines, Marcel Desmond Nally,  Peter Chimbwili Nkokomalimba, Davies Mwanamoya, Davies and Muzungu.

Others are Elijah Munyompe, Albert Badat , former Mufumbwe member of parliament Steven Masumba, Muzungu,  Romanus Chungu , Stephanie Brice and Kajilo Muzungu.

The alleged contemnors also threatened violence on the government-appointed Under Sheriff and police officers when they went to execute an order on properties of Kalengwa Mineral Processing Limited which the defendant have illegally occupied.

Kalengwa Mineral Processing Limited wants judge Mwila Chitabo to order that the defendants be committed to prison for their several contempt of court in contemptuously circumventing,  ignoring and disregarding the order of the court dated January 27, 2020.

On January 27,  2020, judge Chitabo granted a court order for the Under Sheriff of Zambia to execute an order on Kalengwa Mineral Processing Limited properties allegedly illegally occupied by the defendants.

And according to Brenda Gama and shareholder in Kalengwa Mineral Processing Limited,  the mining firm commenced  an action on January 22 this year by way of writ of summons and statement of claim  for a declaration and orders relating to its properties  known as farms no. 31477,  31478, 31479 in Mufumbwe,  North Western Province.

Kalengwa also filed an application for the order of preservation, detention and custody  of properties which judge Chitabo granted on January 27, 2020.

She said the said order was uplifted by the Sheriff  of Zambia for purposes of effecting lawful execution with instructions to the Under Sheriff for Solwezi, a Mr Mwanza, to enforce the order of the court.

Mwanza made a formal request to both the Solwezi police command and Mufumbwe police for purposes of acting in the orderly and peaceful execution of the said order.

Gama stated that Solwezi police station provided 10 police officers but when he arrived at Mufumbwe Police Station, Mwanza was informed that additional police officers could not be provided as they were being deployed to monitor pending riots in Chavuma.

She explained that while at the police station, directors and representatives of 1st and 2nd defendants stormed the police station with threats of violence against the Under Sheriff and police officers.

Gama stated that the Under Sheriff and police officers proceeded to Kalengwa Mineral Processing Limited and when they got there, they found that road access had been blocked  by personnel and locals instructed by the defendants directors and representatives.

She stated that the alleged contemnors have continued to refuse and to neglect to abide by the order of the court without just cause or reason.

Gama stated that the court should grant the application for leave to commence contempt proceedings  against the alleged contemnors who have continuously and with impunity disobeyed the order of preservation, custody and detention of the property dated January 27, 2020 pending the determination of The matter.

Kalengwa Mineral Processing Limited has sued Moxico Resources Zambia Limited and  13 others, seeking a declaration that it is the title holder of certificates title elating to farm no 31477, farm no 31478 and farm no 31479  Mufumbwe and bona fide purchaser of the said properties.

Kalengwa Mineral Processing Limited is further seeking a declaration and order that Moxico Resources Zambia Limited  shall not access, enter or conduct any activity or trespass on the subject properties which were subject of certificates of title without the written consent of the plaintiff  who was the title holder thereof and vested with the surface rights.

It is further seeking an order for preserved, detention and custody of property as per the plaintiffs asset list and immediate delivery up of the plaintiff properties known as farm no 31477, farm  no 31478 and farm no 31479 Mufumbwe and eviction of Moxico whom was illegally on the said properties.

Further, Kalengwa is seeking an order for damages arising out of the 1st defendant‘s illegal and irregular occupation of the plaintiff’s properties and further damages arising out of theft and pilferage of the plaintiff’s plant and equipment.

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