BY GRACE CHAILE
ZAMSORT Limited and its shareholders face contempt charges following their alleged decision to ignore an injunction restraining them from disposing of mineral tenements and assets for Kalaba Mine.
The Kabwe High Court granted an injunction and appointed Mr Mwenya Andrew Mukupa as receiver over the said mining tenements to manage and preserve until further order of the court.
This is a matter where investors in the mine, namely Terra Metals Limited and its shareholders Mumena Mishinge and Brian Chisala are demanding payment of the sum of USD5, 889,407.00.
In default of payment of the said amount, full restitution of their 53 percent ordinary fully paid shares in Zamsort granted to the new shareholders (Handa Resources). In an affidavit supporting the application for leave to apply for an order of committal, Terra Metals director Kelvin Vlahakis stated that Zamsort and Handa Resources, which have the same legal and beneficial ownership, have refused to hand over all assets of the company as instructed by the receiver, Mr Mukupa.
Mr Vlahakis stated that the refusal by the contemnors was frustrating and inhibiting the exercise of Mr Mukupa’s duties as receiver as directed in the order of injunction.
“That further General Sande Kayumba, acting in allegiance of the first (Zamsort) and second (Handa Resources) defendants has purveyed the course of justice by threatening the life of the second applicant (Mushinge)in a conversation with second applicants’ mother,” he stated.
Mr Vlahakis stated that it was against the said reasons that Terra Metals is seeking leave of the court to commit Zamsort, Handa Resources and their shareholders to committal proceedings for their disregard and contempt of the order of injunction granted by the same court.
“In the premises and on account of the foregoing authorities we pray that leave be granted to commit the first defendant’s management and shareholders to prison for their several contempt of the order of this court,” he submitted.
Other named alleged contemnors are Rajendrakumar Manubha Patel and Nicholas von Schirnding, both shareholders in Zamsort.
