By PERPETUAL SICHIKWENKWE –

THE Lusaka High Court will on April 28 this year, re-open trial in the case in which the Development Bank of Zambia (DBZ) has sued directors of the defunct Zambian Airways to recover a K14 million debt.
Others dragged to court are the Post Newspaper editor-in-chief Fred M’membe, suspended Director of Public Prosecutions (DPP) Mutembo Nchito and JCN holding.
The Supreme Court through judges Florence Mumba, Florence Lengalenga and Munyinda Wanki in December 2013 ordered for retrial in the High Court after it was established that there were irregularities.
Among the irregularities established was the manner the case was transferred from then High Court Judge Albert Wood to another High Court Judge Nigel Mutuna.
Mr Justice Wanki referred the matter back to the High Court for retrial but that it should be handled by a different judge.
The Supreme Court declared the ruling by Mr Justice Mutuna to order for the pay back of the debt as null and void.
It also condemned the conduct of Mr Nchito for walking out of the court during the court proceedings which was contemptuous and irregular for a senior lawyer of his calibre to walk out of a legally constituted court during proceedings.
Mr Justice Mutuna had in his judgment ordered JCN Holdings, Post Newspapers Limited and Nchito to pay K14 million to the bank with interest at current rate.
Mr Justice Mutuna found that the K14 million was obtained by false misrepresentation because the directors were, from the beginning, intent on not paying back the money and thus engaged in technical maneuvering to invalidate any subsequent liability.
The Post newspaper and others had appealed to the Supreme Court after they were dissatisfied with Mr Justice Mutuna’s ruling ordering them to pay back the money it owed the bank.
Mr Justice Justine Chashi who has been allocated to handle the matter has since set April 28, 2015 as the date for the commencement of the re-trial.
Mr Justice Mutuna was among the three judges that were suspended by late President Michael Sata for alleged professional misconduct.
The late President constituted a tribunal led by Malawian High Court Judge Lovemore Chikopa to probe Mr Justice Mutuna, Mr Justice Charles Kajimanga and retired Supreme Court judge Philip Musonda.
Last week, President Edgar Lungu dissolved the Chikopa led tribunal and lifted Mr Justice Mutuna and Mr Justice Kajimanga’s suspensions and directed that the judges continue to discharge their functions as puisne judges.