Court orders auction of dear medical gear

THE Lusaka High Court has ordered public auction of various sophisticated pieces of medical equipment after their owners failed to pay rentals for the diagnostic centre which was owned by Professor Neil Nkanza and Dr Isiah Yikona.

Judge Mwila Chitabo said the owners of the equipment operating under Zambia Radiological and Imaging Company Limited had not disputed owing in rentals to Lancet Laboratories Limited and, therefore, the court could protect them under the guise of public interest.

“There is no legal basis upon which this court can make an order for stay of the seized goods. The defendants can therefore not be aided by public interest alone,” Mr Justice Chitabo said.

“I accordingly discharge the ex-parte order for stay,” he said and ordered Lancet Laboratories Limited to proceed with the sale of the medical equipment.

Lancet was represented by Dickson Jere of Mvunga Associates while Zambia Radiological and Imaging Company was represented by Collin Chizawu of KCK Associates.

Lancet had argued that the death of Prof Nkanza had affected the business of the diagnostic centre as he was the majority shareholder and brainchild of the business.

The company said it therefore required time to recapitalise.

“I have taken note that there is a level of public interest in the nature of this action because it is dealing with medical equipment to members of the public. I therefore find that this is a fit and proper case to exercise my discretion and order that each party bears its own costs,” M r Justice Chitabo said.