By DELPHINE ZULU –
THE Lusaka High Court has ordered parties in the matter in which Development Bank of Zambia (DBZ) has sued JCN Holdings and The Post Newspapers over the K14 million debt to amend the Writ of Summons and witnesses’ statement.
High Court Judge Justin Chashi ordered the parties to amend the documents on grounds that they were the backbone of the matter and should therefore be in conformity with the amended statement of claim.
DBZ has dragged JCN Holdings Limited; Post Newspapers Limited and suspended Director of Public Prosecutions (DPP) Mutembo Nchito to Court demanding the payment of K14 million loan.
“The Writ of Summons is the main document in the case while the Statement of claim provided particulars of the charge, so we cannot proceed until the two documents are amended as by law required,” Mr Justice Chashi said.
When the matter came up for commencement of a re-trial yesterday following a Supreme Court judgment, Mr Justice Chashi asked the parties to furnish him with amended documents in view of the amended statement of claim by the plaintiff.
Mr Justice Chashi said he had cleaned the record immediately he took over the case and did not want to hear anything concerning appeal documents because the case was expected to commence afresh.
The lawyer representing JNC Holdings Limited and The Post Newspapers, Nchima Nchito insisted that there was need to use some of the statements from the witnesses who testified in the previous proceedings.
DBZ lawyer, Buta Gondwe said he would call two witnesses, DBZ Head credit, Hephzibah Similenda Beyani and Musenge Andrew Musukwa while the defendants would call Sam Mujuda and Fred M’membe.
The matter has since been adjourned to tomorrow for commencement of a re-trial.