IN THE HIGH COURT FOR ZAMBIA 2014/HP/0972
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
S LEGAL PRACTITIONERS (Suing as a Firm) PLAINTIFF
AND
F LIMITED FIRST DEFENDANT
BANK OF ZAMBIA SECOND DEFENDANT
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SUMMONS FOR ORDER FOR DISCOVERY OF SPECIFIC OR PARTICULAR DOCUMENTS
Pursuant Order 24 Rule 7 of the Rules of the Supreme Court of England 1965
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LET ALL THE PARTIES concerned attend the HON. MADAM JUSTICE G.C. CHAWATAMA in
Chambers, on the ----------------- day of -------------------------2014 at -------------------- hours on the hearing
of an application on the part of the First Defendant for an order that the Plaintiff do within 7 days from
the date of such order make and file an affidavit stating whether the Plaintiff has or has at any time
had in its possession, custody or power the documents specified in the schedule hereto and if the said
documents have been but are not now in the Plaintiff’s possession, custody or power stating when the
Plaintiff parted with the same and what has become of the same
AND that the costs of and occasioned by this application be paid by the Plaintiff to the First
Respondent.
SCHEDULE
(i) Board resolution of First Defendant to engage Plaintiff and authorise commencement of
action against Kieran Day (in his capacity as Receiver of Mines Air Services Limited t/a
Zambia Airways) (in receivership), JCN Holdings Limited, Post Newspapers Limited,
Mutembo Nchito, Nchima Nchito & Fred M’membe; and
(ii) Letter of engagement [or retainer] of Plaintiff by First Defendant in respect of legal services
and representation against Kieran Day (in his capacity as Receiver of Mines Air Services
Limited t/a Zambia Airways) (in receivership), JCN Holdings Limited, Post Newspapers
Limited, Mutembo Nchito, Nchima Nchito & Fred M’membe.
Dated the ------------------------------------day of-----------------------------------------------------------------------2014.
This summons was taken out by:
ZIALE CHAMBERS
----------------------------------------------
Advocates for the First Defendant
Andrew Mwenya Road
Rhodes Park
+ 260-211-227574|
Fax: + 260 – 211- 220568|
E-mail: info@zialechambers
P.O. Box 36824| Lusaka| ZAMBIA|
To: MESSRS M. MUSONDA & COMPANY
No. 35, Los Angeles Boulevard
Longacres
LUSAKA
Advocate for the Plaintiff
BANK OF ZAMBIA
Bank Square
Cairo Road
LUSAKA
The Second Defendant
IN THE HIGH COURT FOR ZAMBIA 2014/HP/0972
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
S LEGAL PRACTITIONERS (Suing as a Firm) PLAINTIFF
AND
F LIMITED FIRST DEFENDANT
BANK OF ZAMBIA SECOND DEFENDANT
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AFFIDAVIT IN SUPPORT OF SUMMONS FOR ORDER FOR DISCOVERY OR SPECIFIC OF
PARTICULAR DOCUMENTS
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I, MN, a Zambian National of House No 2 Lusaka, Lusaka, Zambia do hereby MAKE OATH and SAY
as follows:
[1] That my full names, nationality and residential address are as stated above.
[2] That I am an Associate in the Firm of ZIALE Chambers who are seized with conduct of this
matter on behalf of the First Defendant and by reason thereof competent to depose to this affidavit from
facts and information which came to me by virtue of the said position.
[3] That on 12 January 2012, our Firm wrote to the Plaintiff inquiring inter alia about how the
Plaintiff was engaged to commence the action intituled as F Limited v Kieran Day (sued in his capacity
as Receiver of Mines Air Services Limited t/a Zambia Airways) (in receivership), JCN Holdings Limited,
Post Newspapers Limited, Mutembo Nchito, Nchima Nchito & Fred M’membe: 2011/HPC/511 during
the period in which the First Defendant was under the possession of the Second Respondent.
Produced and shown to me marked “MN1” is a true copy of the said letter.
[4] That the Plaintiff responded in a letter dated 13 January 2012, advising that the First
Respondent had made a decision to engage the Plaintiff and that the Plaintiff was engaged on 24 June
2011. Produced and shown to me marked “MN2” is a true copy of the said letter.
[5] That our Firm thereafter requested the Plaintiff to provide a copy of the engagement letter
which request has yielded no results to date despite a series of follow-ups, also in writing. Produced
and shown to me marked collectively as “MN3” are true copies of the letters dated 17 January 2012, 27
February 2012 and 6 March 2012 written to the Plaintiff
[6] That the documentation requested for by our Firm is fundamental to the matters in question in
this cause owing to its relevance in the determination of the relationship between the parties (if any)
and the governing terms thereof.
[7] That I depose to the facts herein believing the same to be true and correct to the best of my
knowledge.
SWORN at LUSAKA by the said }
MN this ----------- } ---------------------------------------------
day of ------------------------------- 2014 } DEPONENT
BEFORE ME:
---------------------------------------------------
COMMISSIONER OF OATHS
IN THE HIGH COURT FOR ZAMBIA 2017/HP/2012
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
LM (Suing on his own behalf and on behalf of 10 others) PLAINTIFFS
AND
ZAMBIA POSTAL SERVICES CORPORATION DEFENDANT
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SUMMONS FOR DETERMINATION OF A QUESTION OF LAW AND FOR JUDGMENT
Pursuant to Order 14A of the Rules of the Supreme Court of England 1965
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LET THE PARTIES concerned attend before Honourable MADAM JUSTICE C. NEWA in chambers on
the ----------day of ----------------------------------------2019 at ------------------------------------hours in the ----------
noon on the hearing of an application on the part of the Plaintiffs:
1 That the following question of law be determined, namely; whether the terminable benefits
payable to the Plaintiffs ought to include allowances that the Plaintiffs were entitled to as
against the Defendant;
2 That if the said question be answered in the affirmative, then judgment be entered for the
Plaintiffs against the Defendant for the amount claimed in the statement of claim and costs; and
3 That if the question be answered in the negative, then the action be dismissed and that the
Plaintiffs pay the Defendant’s costs thereof.
Dated this------------------------day of ------------------------------------------------------------------------------------2019
ZIALE CHAMBERS
----------------------------------------------
Advocates for the Plaintiffs
Andrew Mwenya Road
Rhodes Park
+ 260-211-227574|
Fax: + 260 – 211- 220568|
E-mail: info@zialechambers
P.O. Box 36824| Lusaka| ZAMBIA|
LEGAL COUNSEL
Zambia Postal Services Corporation Limited
Plot No.5150-5151
3rd Floor
Zambia Road
Industrial Area
NDOLA
P.O Box 71845
Advocates for the Defendant
IN THE HIGH COURT FOR ZAMBIA 2017/HP/2012
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
LM (Suing on his own behalf and on behalf of 10 others) PLAINTIFFS
AND
ZAMBIA POSTAL SERVICES CORPORATION DEFENDANT
----------------------------------------------------------------------------------------------------------------------------------------
AFFIDAVIT IN SUPPORT OF SUMMONS FOR DETERMINATION OF A QUESTION OF LAW AND
FOR JUDGMENT
-----------------------------------------------------------------------------------------------------------------------------------------
I, LM, a Zambian National of House No. 3 in Lusaka District in the Lusaka Province of the Republic of
Zambia do hereby make OATH and SAY as follows:
1. That my full names, nationality and residential address are as stated above.
2. That I am the Plaintiff in this matter suing on my own behalf and on behalf of 10 others and by
reason thereof competent to depose to this my affidavit from facts and information which came
to me by virtue of my said position.
3. That sometime in 2014, we were awarded a salary increment in the form of special allowances
by the Postmaster General’s Circular No.26/2014.
4. That the collective agreement did not exclude payment of special allowances other than the
allowances set out therein.
5. That in the Defendant’s calculation of the terminal benefits due to us, the Defendant failed to
incorporate the special allowances into our basic salaries.
6. That in the premises, we crave the indulgence of this Court that it should determine that the
terminable benefits payable to the Plaintiff to include special allowances that the Plaintiff’s were
entitled to as against the Defendant and as such, grant final judgment for the amount claimed
in the statement of claim together with interest.
7. That I depose to the facts contained in this affidavit verily believing the same to be true and
correct to the best of my knowledge and information.
SWORN at LUSAKA by the said )
LM this----------- ) --------------------------------------
-----day of----------------------------- 2019 ) DEPONENT’ SIGNATURE
BEFORE ME: ---------------------------------------------------------------
COMMISSIONER FOR OATHS
