IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..

AT THE PRINCIPAL REGISTRY

HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

VITAL BEVERAGES LIMITED PLAINTIFF

AND

MABIZA RESOURCES LIMITED DEFENDANT

SUMMONS FOR AN ORDER TO STAY PROCEEDINGS AND REFER THE MATTER TO

ARBITRATION PURSUANT TO SECTION 10 OF THE ARBITRATION ACT, NO. 19 OF
2000 READ TOGETHER WITH ARTICLE 8 OF THE UNCITRAL MODEL LAW

LET THE PARTIES concerned attend before the Honorable Justice

Dr./Mr./Mrs./Ms.__________________________ sitting in chambers on the________________day
of_________________2023 at_________________hours in the__________________noon on the
hearing of an application on the part of the Defendant for an Order to stay proceedings and refer
the matter to arbitration for the reasons set out in the affidavit in support hereof and that the costs
be in the cause.

Dated…………………………….day of…………..…………………………………….…….….......2023

Per: Yunza Chambers,

1st Floor, Zimbabwe House,
Haile Selassie Avenue,
Longacres,
Lusaka.
info@yunza.co.zm
Advocates for the Defendant
To: The Plaintiff & their Advocates
Messrs. Banja & Company
1st Floor, Mega Shopping Complex
Independence Avenue
banja@gmail.com
Lusaka.
IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

VITAL BEVERAGES LIMITED PLAINTIFF

AND

MABIZA RESOURCES LIMITED DEFENDANT

AFFIDAVIT IN SUPPORT OF AN ORDER TO STAY PROCEEDINGS AND REFER THE

MATTER TO ARBITRATION

I, CLAYTON MAPEPE of Plot No. 5267, Munali Hills, Kafue – Mazabuka Road, Mazabuka, in
the Southern Province in the Republic of Zambia do hereby MAKE OATH and SAY as follows:

1. That my full names and residential address are as stated above.

2. That I am a Zambian National.

3. That I am the Director and acting Chief Executive Officer in the Defendant company herein
thereby competent to depose to the contents of this my Affidavit from the facts and
information within my personal knowledge.

4. That on the 30th April, 2022, the Plaintiff and the Defendant entered into a contract the supply
for the sixty (60) tonnes of maize. There is hereby produced and shown to me marked “CM1”
a true copy of the said contract.

5. That on 5th August 2022, the Plaintiff duly delivered the maize but a dispute arose as to the
quality of the maize and the Respondent refused to make payment.

6. That the Applicant wrote a letter of demand on 9th August 2022 insisting on payment to be
made within three (3) days. There is hereby produced and shown to me marked “CM2” a true
copy of the said letter of demand.

7. That the Defendant was still unsatisfied with the maize supplied and demanded that the
maize be collected.
8. That the Plaintiff thereafter commenced court proceedings before this Honourable Court.

9. That the agreement between the Plaintiff and the Defendant contained an arbitration clause
that stated that all disputes shall be referred to arbitration.

10. That the said agreement is neither null and void, inoperative or incapable of being performed.

11. That in the circumstances, this is a case where the proceedings in this matter should be stayed
and referred to arbitration to give effect to the intention of the parties.

12. That I depose to the contents of this affidavit verily believing the same to be true to the best
of my knowledge and belief.

Sworn by the said )

CLAYTON MAPEPE ) _________________________
at Mazabuka this __________day of ) Deponent
_____________________2023 )

Before Me: ..................................................

Commissioner of Oaths
IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

VITAL BEVERAGES LIMITED PLAINTIFF

AND

MABIZA RESOURCES LIMITED DEFENDANT

CERTIFICATE OF EXHIBITS

These are the exhibits referred to in the Affidavit of CLAYTON MAPEPE marked ‘’CM1” to
“CM2”.

Dated…………………………….day of…………..…………………………………….…….….......2023

Before Me:………...……………………………
Commissioner of Oaths
IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

MOZI CONSULTANCY LIMITED APPLICANT

AND

LAMISE TRADING LIMITED RESPONDENT

SUMMONS FOR AN ORDER FOR INTERIM RELIEF PURSUANT TO SECTION 11 OF

THE ARBITRATION ACT, NO. 19 OF 2000 READ TOGETHER WITH ARTICLES 9 AND 17
OF THE UNCITRAL MODEL LAW

LET THE PARTIES concerned attend before the Honorable Justice

Dr./Mr./Mrs./Ms.__________________________ sitting in chambers on the________________day
of_________________2023 at_________________hours in the__________________noon on the
hearing of an application on the part of the Applicant for an Order for interim relief for the reasons
set out in the Affidavit in support hereof and that the costs be in the cause.

Dated…………………………….day of…………..…………………………………….…….….......2023

Per: Yunza Chambers,

1st Floor, Zimbabwe House,
Haile Selassie Avenue,
Longacres,
Lusaka.
info@yunza.co.zm
Advocates for the Applicant

To: The Respondent & their Advocates

Messrs. Banja & Company
1st Floor, Mega Shopping Complex
Independence Avenue
banja@gmail.com
Lusaka.
IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

MOZI CONSULTANCY LIMITED APPLICANT

AND

LAMISE TRADING LIMITED RESPONDENT

AFFIDAVIT IN SUPPORT FOR AN ORDER FOR INTERIM RELIEF

I, MICHAEL CHABALA of Plot No. 5267, Munali Hills, Kafue – Mazabuka Road, Mazabuka, in
the Southern Province in the Republic of Zambia do hereby MAKE OATH and SAY as follows:

1. That my full names and residential address are as stated above.

2. That I am a Zambian National.

3. That I am the Director and Chief Executive Officer in the Applicant company herein thereby
competent to depose to the contents of this my Affidavit from the facts and information
within my personal knowledge.

4. That on the 30th April, 2022, the Plaintiff and the Defendant entered into a contract the
supply for consultancy services. There is hereby produced and shown to me marked “MC1”
a true copy of the said contract.

5. That the agreement between the Plaintiff and the Defendant contained an arbitration clause
that stated that all disputes shall be referred to arbitration.

6. That on 5th August 2022, a dispute arose and the Respondent refused to make payment.

7. That the matter was referred to arbitration but the Applicant reasonably believes the
Respondent will transfer its money and assets to Mauritius where they have an office. There
is hereby produced and shown to me marked “MC2” a true copy of their offices in
Mauritius.
 8. That the arbitral tribunal is precluded by the arbitration from granting this relief and the
matter is urgent

9. That in the circumstances, this is a case where the court should grant an order restraining
the Respondent from disposing its money and assets outside Zambia.

10. That I depose to the contents of this affidavit verily believing the same to be true to the best
of my knowledge and belief.

Sworn by the said )

MICHAEL CHABALA ) _________________________
at Mazabuka this __________day of ) Deponent
_____________________2023 )

Before Me: ..................................................

Commissioner of Oaths
IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

MOZI CONSULTANCY LIMITED APPLICANT

AND

LAMISE TRADING LIMITED RESPONDENT

CERTIFICATE OF EXHIBITS

These are the exhibits referred to in the Affidavit of MICHAEL CHABALA marked ‘’MC1” to
“MC2”.

Dated…………………………….day of…………..…………………………………….…….….......2023

Before Me:………...……………………………
Commissioner of Oaths
IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

MOZI CONSULTANCY LIMITED APPLICANT

AND

LAMISE TRADING LIMITED RESPONDENT

SUMMONS FOR AN ORDER TO SET ASIDE ARBITRAL AWARD PURSUANT TO

SECTION 17 OF THE ARBITRATION ACT, NO. 19 OF 2000 READ TOGETHER WITH
ARTICLE 34 OF THE UNCITRAL MODEL LAW

LET THE PARTIES concerned attend before the Honorable Justice

Dr./Mr./Mrs./Ms.__________________________ sitting in chambers on the________________day
of_________________2023 at_________________hours in the__________________noon on the
hearing of an application on the part of the Applicant for an Order to set aside the arbitral award
dated 5th May 2023 delivered by Justice William Bongo for the reasons set out in the Affidavit in
support hereof and that the costs be in the cause.

Dated…………………………….day of…………..…………………………………….…….….......2023

Per: Yunza Chambers,

1st Floor, Zimbabwe House,
Haile Selassie Avenue,
Longacres,
Lusaka.
info@yunza.co.zm
Advocates for the Applicant
To: The Respondent & their Advocates
Messrs. Banja & Company
1st Floor, Mega Shopping Complex
Independence Avenue
banja@gmail.com
Lusaka.
IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

MOZI CONSULTANCY LIMITED APPLICANT

AND

LAMISE TRADING LIMITED RESPONDENT

AFFIDAVIT IN SUPPORT OF AN ORDER TO SET ASIDE ARBITRAL AWARD

I, MICHAEL CHABALA of Plot No. 5267, Munali Hills, Kafue – Mazabuka Road, Mazabuka, in
the Southern Province in the Republic of Zambia do hereby MAKE OATH and SAY as follows:

11. That my full names and residential address are as stated above.

12. That I am a Zambian National.

13. That I am the Director and Chief Executive Officer in the Applicant company herein thereby
competent to depose to the contents of this my Affidavit from the facts and information
within my personal knowledge.

14. That on the 30th April, 2022, the Plaintiff and the Defendant entered into a contract the
supply for consultancy services. There is hereby produced and shown to me marked “MC1”
a true copy of the said contract.

15. That the agreement between the Plaintiff and the Defendant contained an arbitration clause
that stated that all disputes shall be referred to arbitration.

16. That on 5th August 2022, a dispute arose and the Respondent refused to make payment.

17. That the matter was referred to arbitration and an arbitral award was rendered on 5th May
2023 in favour of the Respondent. There is hereby produced and shown to me marked
“MC2” a true copy of the said arbitral award.
 18. That the decision of the arbitral award is not only illogical but was delivered by Justice
William Bongo who did not disclose that he owns shares in the Respondent Company. There
is hereby produced and shown to me marked “MC3” a true copy of a printout from the
Patents and Companies Registration Agency demonstrating Justice William Bongo’s shares
in the Respondent.

19. That in the circumstances, this is a case where the proceedings in this matter should be set
aside.

20. That I depose to the contents of this affidavit verily believing the same to be true to the best
of my knowledge and belief.

Sworn by the said )

MICHAEL CHABALA ) _________________________
at Mazabuka this __________day of ) Deponent
_____________________2023 )

Before Me: ..................................................

Commissioner of Oaths
IN THE HIGH COURT FOR ZAMBIA 2023/HP/ARB/……..
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:

MOZI CONSULTANCY LIMITED APPLICANT

AND

LAMISE TRADING LIMITED RESPONDENT

CERTIFICATE OF EXHIBITS

These are the exhibits referred to in the Affidavit of MICHAEL CHABALA marked ‘’MC1” to
“MC3”.

Dated…………………………….day of…………..…………………………………….…….….......2023

Before Me:………...……………………………
Commissioner of Oaths