Min­is­ter sues busi­ness part­ner

Daily Nation Newspaper - - HOME NEWS - By NA­TION RE­PORTER

MIN­IS­TER of En­ergy Mathew Nkhuwa has sued his busi­ness part­ner Sarel Smith, a South African, for al­legedly at­tempt­ing to dis­pose of com­pany as­sets with­out fol­low­ing the le­gal re­quire­ments of the Com­pany’s Act. Mr Nkhuwa to­gether with the de­fen­dant Mr Smith and Stephan Del­port are mem­bers and direc­tors of Zam­bor JV Limited, a com­pany reg­is­tered at Chin­gola. Ac­cord­ing to a state­ment of claim filed in the High Court Registry, On Au­gust 30 this year, Mr Smith al­legedly sent a let­ter to Konkola Cop­per Mines PLC, a client of Zam­bor VJ Ltd in­form­ing the Mine that the as­sets and em­ploy­ees of Zam­bor Ltd had been bought and taken over by Master Drilling Zam­bia Limited. The min­is­ter is con­tend­ing that on Septem­ber 5, Juanita Ros­souw an agent of the de­fen­dant al­legedly sent him an elec­tronic mes­sage re­quest­ing him to ex­e­cute the res­o­lu­tion pur­port­ing to grant Mr Smith with author­ity to ne­go­ti­ate the sale of the com­pany as­sets. Mr Nkhuwa sub­mit­ted that he re­fused to ex­e­cute the res­o­lu­tion on grounds that the same was not in line with the com­pa­nies Act Chap­ter 388 of the Laws of Zam­bia and the ar­ti­cles of the com­pany as­so­ci­a­tion adding that the de­fen­dant had not availed him with in­for­ma­tion per­tain­ing to the pur­ported sale. He adds that be­tween Septem­ber 5 and 10 he had been try­ing to get more in­for­ma­tion from the de­fen­dant about the pur­ported sale if the com­pany but the De­fen­dant re­fused to fur­nish him with the re­quested in­for­ma­tion. Mr Nkhuwa sub­mit­ted that Mr Smith al­legedly au­tho­rised Master Drilling Zam­bia to brand the ve­hi­cles owned by Zam­bor, its lo­gos, sig­nage and other ad­ver­tis­ing ma­te­rial with­out his knowl­edge The min­is­ter who has since filed an ex-parte sum­mons for an or­der for an in­terim in­junc­tion, wants an or­der re­strain­ing the de­fen­dant from at­tempt­ing to dis­pose of the com­pany as­sets with­out fol­low­ing le­gal re­quire­ments of the com­pany. He is also claim­ing dam­ages for loss of busi­ness caused by the de­fen­dant’s at­tempts to sell the com­pany’s as­sets. Costs of and in­ci­den­tal to this suit are also be­ing claimed.

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