Liquidators seek to challenge M’Membe
THE Post Newspapers liquidator, Lewis Mosho, has asked to be joined as a third interested party to the case in which Fred M’membe is seeking a reversal of the consent judgement that declared the newspaper insolvent.
This is in the proceedings relating to former Post Newspapers Editor-in-Chief, Fred M’membe’s demands to have the Consent judgement that declared the company insolvent, stayed by the Constitutional Court.
This is in a matter in which M’membe petitioned the Constitutional Court seeking an order declaring the consent judgment dated January 10th 2018 which declared the Post insolvent and wound up null and void.
M’membe is also seeking a declaration that the High Court did not have jurisdiction to hear and determine a matter relating to the exercise of the constitutional power of the Judicial Complaints Commission.
In an affidavit in support of ex parte summons for an order for joinder of the Post Newspapers, appointed liquidator of the Post Newspaper, Lewis Mosho, said the reliefs sought by M’membe directly affected the interest of the company in Liquidation.
“The action before this court and the reliefs sought by Mr M’membe, directly affect the interest of the intended third interested party by virtue of being directly related or connected with the subject matter. That is to say the Consent judgement which is being challenged and is sought to be set aside and declared null and void,” Mr Mosho indicated.
Mr Mosho said the Post Newspaper is an interested party in the proceeding and is likely to be affected by the result of the action and should therefore be joined so that it can have an opportunity to oppose or challenge the petition as well as the application to stay the consent judgement.
Meanwhile the matter has been allocated to Judge Martin Musaluke and is expected to come up for inter parte hearing on February 1st 2018.