COURT DISMISSES CHINESE APPLICATION AGAINST MOSHO
THE Lusaka High Court has dismissed an application by nine Chinese to seek an injunction restraining lawyer Lewis Mosho, from exercising his powers to terminate their contracts as employees of Kingphar Company Zambia Limited.
This is in a case in which the nine sued Kingphar Company Zambia Limited (Under Supervision and commencement of business rescue proceedings) for the illegal termination of their contract of employment.
Kingphar director and shareholder Wang Shunxue on behalf of the other eight filed an application for an interim injunction restraining Mr Mosho, being a business rescue administrator, from exercising powers unlawfully.
But Judge Pixie Yangailo in her ruling said at the time the Chinese nationals lodged an application, they were no longer employees of Kingphar Company Zambia Limited and therefore cannot restrain someone who is no longer their employer.
“I do not find that this is a case where it would be proper for this court to exercise its discretion by granting an interim injunction as claimed by the plaintiffs. Accordingly, the application is dismissed,” said Justice
Yangailo.
Mr Wang Shunxue had stated that in a letter dated May 11, 2020 their contracts of employment with Kingphar were summarily terminated by Mr Mosho without giving reasons.
He lamented that the said termination would result in him and others suffering tremendous financial loss, distress and possible deportation and unless restrained by the court, Mr Mosho being the business rescue administrator of their company will continue to act unlawfully.
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.
Mr Mosho stated that the case was not fit and proper to grant the remedies of injunction as the nine Chinese could adequately be remedied by an award of damages.