UPND wants bankruptcy order dismissed

THE UPND has asked the Lusaka High Court to dismiss a case in which Prospect Tech Limited and a Lusaka businessman, Prince Siame, are demanding payment of a K520, 000 debt. Siame and Prospect Tech Limited also want an order that UPND be declared bankrupt for failing to pay debts and that the party be dissolved and deregistered. They sued UPND president Hakainde Hichilema, Steven Katuka in his capacity as UPND secretary-general, Ms Miriam Masando, organising committee chairperson for the card renewal and UPND registered trustee. But according to an affidavit in support of summons to set aside originating summons for irregularity, Katuka said the documents filed by the plaintiffs were defective as they did not disclose any actionable cause against the defendants. “I am advised by my advocates and verily believe that pleadings in this matter are defective and must be struck off in so far as they seek to liquidate the UPND. “That I am further advised by my advocates and verily believe that the said writ of summons filed in this matter is irregular in material particulars as the 2nd plaintiff’s (Prospect Tech) full address has not been endorsed on the writ of summons in terms of the amended High Court rules,” he said. Katuka said that no prejudice would be occasioned to the plaintiffs by order striking out originating process and equally the interest of justice shall be served.

The plaintiffs had stated in their statement of claim filed by their lawyer, Tutwa Ngulube, that the defendants represented by Masando on March 16, 2017, contracted them to print 200, 000 tickets for the national card renewal exercise. This was at the cost of K2 per ticket, thereby translating to K400, 000. The plaintiffs stated that soon after the execution of the agreement, they printed 200, 000 tickets. They added that the defendants also requested for 50, 000 more tickets on gratuitous terms known as “mbasela.” Siame and Prospect Tech limited stated that the defendants pegged the tickets for sale at K1, 000, K50 and K30 respectively. Last month, the plaintiffs asked the court to enter judgement in default of appearance and defence against Mr Hichilema and others. This was on grounds that they issued and served process by way of writ of summons and statement of claim to the defendants but they failed to enter appearance and defence in the matter.