9 Chinese seek to restrain Mosho

NINE Chinese nationals have filed an injunction in the Lusaka High Court restraining, lawyer Lewis Mosho from exercising his powers to unlawfully terminate their contracts as employees of Kingphar Company Zambia Limited.

The nine have sued Kingphar Company Zambia Limited (Under Supervision and commencement of business rescue proceedings) for the illegal termination of their contract of employment.

In their claim, Kingphar director and shareholder Wang Shunxue on behalf of eight others stated that on April 21, 2020 Kingphar Company Zambia Limited by a consent order for the consolidation of cause number 2020/HPC/165 and 2020/HB/015 was placed under business rescue (liquidation) proceedings and Mr Mosho was appointed as the business rescue administrator.

Mr Wang Shunxue said that on April 29, this year, they filed a writ of summons and statement of claim before the Lusaka High Court for false imprisonment, unlawful detention and distress as well as damages for defamation of character against the Attorney general, Mr Mosho and four police officers under cause number 2020/ HP/426.

He said in a letter dated April 28, 2020 signed by himself and eight others they lodged a complaint with the Law Association of Zambia’s legal practitioners committee for professional misconduct against Mr Mosho.

But Mr Mosho said in an affidavit in opposition that the High Court under cause number 2020/HPC/0336 discharged the injunction it granted earlier after the applicants asked it to discharge the injunction on a number of grounds including points of law.

He said the injunction sought by the nine employees is untenable at law as it has potential of bringing the reputation of the Judiciary into disrepute by having one High Court judge override an order of another judge.