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Chiluba loses London Judgment application appeal at the Supreme Court

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Second republican president Frederick Chiluba

The Supreme Court has dismissed an application by second republican president Fredrick Chiluba on preliminary issues raised against an application to register a London judgment, which found the former president liable in a civil case three years ago.

Dr Chiluba and his co-defendants former Access Financial Services Directors Faustin Kabwe and Aaron Chungu were held liable by UK High Court Judge Peter Smith for causing the Zambian Government the loss US$46 Million in public funds.

Delivering judgment in the matter Deputy Chief Justice Irene Mambilima sitting with other Supreme Court Judges ruled that there was no merit in the application by Dr Chiluba.

Justice Mambilima ruled that the lower court exercised its discretion to refuse to look at the preliminary matter as that would have wasted time because the issues that the defence raised could have been heard in the main matter. She further ruled that the case goes back to the High Court for determination.

On June 13, 2007 the Zambian Government obtained an ex parte order for leave to register and enforce the London Court judgment based on provisions of the Foreign Judgment Act Chapter 76 of the laws of Zambia.

But Dr Chiluba and his co-defendants former Access Financial Services (AFS) directors Faustin Kabwe and Aaron Chungu applied to set aside the registration based on seven grounds.

Some of the grounds upon which Dr Chiluba and his co-defendants based their arguments were that the London High Court has no jurisdiction over them, that the London judgment was obtained by fraud and that they were denied fair trial by the London High Court hence judgment was obtained without giving them an opportunity to be heard.

QFM

editor
editorhttp://www.lusakatimes.com

81 COMMENTS

  6. iye! this means more scratching of the head for this mini kadoli man! is he gonna have any hair left? deuces :)>-

  8. Excellent
    No way forward for Kafupi, let him just confess and ask for forgiveness.
    Only celebrates make such huge money i.e $500 million. This could have been used to develop our country in so many ways. If this man dies today no one would complain coz no justice especially in Zed was given to us.

    # 5 I like your first sentence

  10. Every day that comes, Zambia is becoming free! The man will pay back. If MMD does not do it, the PACT will do it next year

  11. I dare many PF cadres and sympathizers to start making noise about the judiciary being compromised. I also challenge Henry Kyambalesa to also start claiming the judiciary is compromised.

    I date them to stick to their guns (more especially PF cadres and Sympathizers) and regurgitate the same statements they were regurgitating about the judiciary.

  13. always using jargon in these courts! allowing the appeal was a waste of time itself! so speed up fyone ifi fipwe twatendwa[-(

  14. Well done Judge Mambilima, hope there will be no more interference from the Jackals. ba pompwe munshibila insala

  15. The entire process should be left in the hands of the judiciary without any influence either from the government or the opposition; authough the inluence of the opposition on court cases is very negligible, if any. These are such cases that Dr. Chiluba wants the President to interfere and have him set free so he can sue the post and those calling for the his forfeiture of benefits. These pending cases and the questionable acquital are what have propelled Dr Chiluba to start appeasing Rupea by campaigning for for him just so that Rupea can continue in the office as president even in the next five years at least Dr Chiluba will have enjoyed peace of mind and possibly by the time Rupea will be leaving office, things will have settled a bit although ‘Umulandu Taubola’ as the Bembas say. For…

  16. surely alleluyah! ka chi-kachiluba the man is looking pathetic a tipical lier of our time he must be given award of the worst committed corruption of the decade.

  17. #11 Ba Capitalist- even a blind person can see that the first case was doctored- Your RB has said it himself so who are to say otherwise. This one(London) had no loop holes and that is why the 1st one was not appealed because the high court was going to tear the Jones Chinyama reasoning(ruling) to threads.

  18. Hhehhehhehhe, the matter has been sent back to the High Court. Let us wait and see how this thing will end to the amusement of all Zambian in the the words of Mr FTJ Chiluba “it is just a passing phase” to his wife Regina when she was locked up after being found guilty of posessing stolen property.

    Have a good day all.
    __
    Matt 6:33 But seek ye first the kingdom of God and His righteousness and all these things shall be added unto you.

  19. you guys celebrating are fools. the london judgement is a civil case and not criminal. it does not pronounce guilt or innocence. all it does is say that the government believes the lost money and that chiluba and the others must pay back. from high court chiluba will appeal to supreme court and by the time it ends we would have all forgotten. total nonsense

  20. RB dared not interfere with this one, he knew the wrath of the pipo would sweep him away. He miscalculated onthe 1st one and was shocked at the rage of Zambia. Now he will play it safe regarding chief plunderer, blood sucking parasite and leave the case in limbo for the 5th GRZ republic to deal with.

  22. Hmmmm, its really great to hear that the case has gone back to the high court. Chiluba is just praying that RB again prevails over the high court, but this time it will be so difficult to do so. Bravo to Mambilima et al. This is what we want in our beautiful country Zambia though so dirty….. REALLY i AM SO SUPRISED THAT THE ROADS IN LUSAKA ARE LIKE THAT OF HELL. POT HOLES START FROM THE DOOR STEPS UPTO THE OFFICE STEPS. I wonder why they keep on saying the economy is ticking. What a joke, I have seen it my self. Its so bad guys here in Lusaka.[-([-([-(

  23. Justice must prevail as always, we the people of zambia have accepted the dismisal of the appeal and i know as a Law abiding citizen of the country we will surely accept the final judgement of the main case.

  24. # 18,

    Ignorance is a killer to humanity. It is a clear and present threat to the fabric of these kids here.You are sagaciously driving home the “civil and criminal argument which few understand. Do you really think these street cadres know basics of common law?
    To them they take this as a judgement on President Chiluba when its far from that as Justice Mambilima’s rule has merely opened up by clearance for some legal procedures to commence in the interest of justice.This also serves the testimony that Zambia has the most independent professional judiciary system.Even when the final judgement will turn in favor of Chiluba, the judiciary should be applauded.Its time basic law courses were fused in the school curriculum in this country. Otherwise, ignorance willl keep betraying cadres.

  25. This judgement actually means nothing. The same courts declared Kaunda as Stateless, and Mr William Banda was stripped of Zambian citizenship. Similarly how can a former President be treated like this?

  26. This a just a civil case. He cannot go to jail. However, justice seems to be going in that right direction. To achoe Capitalist in #11, I also challenge PF cadres to condemn the judiciary. Go ahead and denounce RB as well. Tell us your position on this ruling.

  27. **==
    Watch out for Chilubas SA trips. This is what it (Chilu’s heart) does’t want to hear. Iam not moved though .:-? Zambian Judiiciary is still questionable:- Only God knows:-??

  28. Mr Capitalist n all chiluba sympathizers
    Let me get more infor and do a bit of research on this,before i rant,meanwhile nakomboka,ka beer first then more blogging,,,tamwakwata fimbi fintu ifyakuchita apart from blogging,have a life people,meanwhile ka chiluba kali na shiki polomya

  29. #21 …Kafupi and others paying back the money,you say?This dude is funny!U remind me of south park!How is he going to pay back?Going back ku Kitwe mukupundilila ama buses or by selling off his old suits and pair of shoes?All i know is that I know nothing.But Kafupi knows sumthing,he is sharp -watch him carefuly and closely!

  32. Yakosa nomba. Let hear how the case will move in the high court. The judgment was passed in favor of the People and Chiluba and co. did not what to defend the case now what next for Chiluba and friends?

  33. this calls for a celebration. uwushiku am treating myself.laptop-check, towel-check, handlotion- check. the rest is history bane

  34. #16 Deja Vu
    You are an honourable man, but here you have let me down. The Jones Chinyama case and the London High court case are miles apart. They are different: 1. One is a civil case where the burden of proof is light, the other is criminal where proof is beyond reasonable doubt. 2. The list of defendants are different and so the collective liabilities are higher in the London case than the Zambian. 3. The charges are also different. The London case hinged on the missing arms trade money, while the magistrate’s case was just petty cash. The fact of personal money in ZAMTROP was not disputed by witnesses. Chiluba is a thief? I used to think so but now I have my doubts. Trial by media found him guilty. Theft is a criminal and not a civil offence.

  36. Nothing to celebrate about here until he starts paying back. All this is just buying time for RB to win and also for the high court judges to buy time to find an excuse to free him. It is all engineered, a conspiracy theory that Zambia has ever seen.

  37. Veteran iwe just keep getting the tax money for blogging nonsense you have no morals and you have failed to influence the many reasonable intelligent Zambians through your blogging propaganda just remember soon or later you will be in Zambia. Some officials from the Moscow embassy are an embarrassment when you see what they call a farm even some mere students from there have put good structured farms. so keep barking veteran

  41. I hate these pendulum swings of Law. Cant the language be made any simpler? Are you going to jail the preak or not? thats all am interested in, and not “this judge” and “that court” kind of crap. thatsone thing i like about muslim nations because the fuuckker would have been nailed to the cross by this time!! :-!

    :-l:-l:-l:-l:-l

  44. #19 Mwana you’ve made my Day. These chaps are fools indeed.This isn’t a criminal case.For a while I was wondering how most of these guys of high callibre couldn’t see this. At the end of it FTJ goes back to argue his case and add those points and most likely win the case at the end of the day.
    A loss will certainly dent his Good Image. Don’t rush speed kills!!!!

  48. This is a ploy to hoodwink all of us. The matter will be registered in the Zambian courts but eventually it will be dismissed on a technicality. These guys are craffy. They have read the mood now. Do not underestimate them.

  49. Mr. Capitalist # No. 11 your darering PF & it;s Symphasizers (UPND) is not necessary, there has been pressure since the ” Man Made” aquittal of Chiluba engineered by RB. The Pressure has been too much. Even the catholics expressed concern about it and other progressive bodies. No Judge can afford to go against what is right and what is supposed to be done now, they correcting themselves. We all know Chiluba stole, back home a case in Point his Wife found with stolen item given to her by FTJ. whatelse do u want to know. The London court judgement is very specific. I can e-mail it to you if you want. Chiluba refused to defend himself but trial can commence even when accused refuse to answer. It’s up to witnesses to testify then judgement passed. FTJ4jail.com

  51. I DONT SEE THIS LONDON CASE GOING ANY WHERE JUST WAIT AND SEE. THIS MAY DRAG ON UNTIL AFTER 2011 BY THEN FTJ WOULD HAVE DONE HIS HOMEWORK.

  52. At least in the meantime Chiluba cannot retrieve “his” 5 million US dollars from the Zamtrop account!

  53. You pipo you calm down, read this business thing.

    A PROSTITUTE ASKED A PLASTIC SURGEON TO MAKE ANOTHER HOLE FOR HER.

    THE SURGEON WAS SURPRISED & ASKED WHY?

    SHE REPLIED: ” BUSINESS IS GOOD AND WITH THE WORLD CUP COMING I WANT
    TO OPEN ANOTHER BRANCH!!!

  56. It’s the nature of hte political beast. Always comes back to bite you when you least expect it. Ka pala, nomenyapo nkonyo pa ka pala pamene apo

  57. # 53, thats sick, some of you bloggers limbi aimwe to mona in respectable cars, jobs, families in church, but when you come on the blog you just lose it. # 53 you probably are a bashi someone, when we meet at a funeral or party you even bend your knee when greeting pipo, but look at what you are writing. Bashi someone, act your age!

  58. Chiluba will never be arrested. Only poor people will be arrested. However, this is a civil case. Therefore, it holds no much value. Chiluba can be charged but payment will done for years and until his death. He will say, “I can’t afford” period. Good Luck

  60. She ruled that the case go back to the High Court for determination! Which high court? The same one that acquitted this mini Kadoli?

  61. So now will start hearing again that Chiluba has gone to South Africa for his heart problem and health review hahhhhhhh

  63. Please pipo read properly the judge said the issues raised would have been dealt with with main case. Some law technocrats wanted to trick Zambian people again by separating the same case. The london case is not a civil one because it surrounds stealing public funds.

  65. numbala 57! humour voyi we call it humour! the blogger has not directed that joke to u.so mind yo own business.am just advicing u thats hw things work in life. espec kuvyalo. so if u want that long childhood dream of flying pa british airwys to come true..follow my advice

  68. Reading some of the insults directed at the former president makes very sad reading. Weather the man is guilty or not, such unpalatable language is uncalled for. I especially want to believe that most of you passing these comments are below the age of forty and probably leaving abroad. Just because you are now outside Zambia and have a degree or two does not make such unpritable language acceptable. This man (Chiluba) may just be about the same age as the dads of a majority of you.
    pleasel please I plead with you such insults are very unzambian. I believe there is enough sense in everyone of you to refrain from such language.

  69. Reading some of the insults directed at the former president makes very sad reading. Weather the man is guilty or not, such unpalatable language is uncalled for. I especially want to believe that most of you passing these comments are below the age of forty and probably leaving abroad. Just because you are now outside Zambia and have a degree or two does not make such unpritable language acceptable. This man (Chiluba) may just be about the same age as the dads of a majority of you.
    pleasel please I plead with you such insults are very unzambian. I believe there is enough sense in everyone of you to refrain from such language.

  70. #69 George jeffries
    Ask yourself why KK(former president too) is not insulted by anyone,if you find the answer to that question,come back and blog again,otherwise HUSH HUSH…this man is a LAZO,simples,if not then let him sue to clear his name,,he would rather sue people who are calling for his benefits to be frozen,meanwhile he cant sue people who call him a THIEF,,,,,,tick tock tick tock

  71. Ala baiche mwibepwa naka judgement aka……that`s how they wanna make u believe that there is justice and autonomy in the Zambian courts…You think the High Court will pass judgement against chiluba?I don`t think so!I bet my balls on that!

    The entire justice system in Zambia is a charade!!

  72. Well well well, if Banda, or any high court judge for tha matter, sells their sould to the devil like Phillip Musonda did over the Dora sage, they will live to regret it. The elections are right around the corner and any silly monkey trick will not only spark a state house monkey to defacate on Bwezani’s big head, this time we are going to get a fully grown alpha male to bike his head off because he does not seem to have any use for it.

  74. Lekeni lunye lwaka Noah nomba! It’s about time we got even with this diminutive stinking thief. But just watch how suddenly Chiluba is going to start feigning sickness and wanting to be flown to South Africa every month for a sickness that is not there.

  75. RB has realised that FTJ is a finished product , its just a matter of time. RB is so desperate that he held a meeting with Mwata and promised the chief that if MMD won Luapula, the VEEP will be from there. Last kicks of a dying horse, natu posepo akalibwe pali ba Rupiah.

  76. Iwe ka Beyonce wapa Zed don’t believe everything the post says. those thugs are liars. I was in that meeting and nothing of the sort was ever discussed. RB is not desperate at all. It is Sata and HH who are desperate. And since when have the post made George Mpombo their official source of information? anyone can tell that it is Mpombo who gives the post that crap news.

  77. # 71 Chimbala Chenjela, Fwe Bena Musumba Twenda No Munani you bugger you bet your balls when you know youve run away from home. How do i squeeze them when you lose?

  78. guyz its like you dont know zambian politics.you are just worsting your time insulting bashi miko.reading in between the lines chiluba is a free man.finish

  79. #79,#77, whats up? you are the ones enjoying mu Rupiah regime ayini? your time is up , the watch stopped working longtime ago. There is no smoke without fire, you even tell ama bosses ati NKUMBA SHI LELOLELA KU FARM.

  80. Zambia is a young democracy all the developments help in building a democracy that has very little to build from, Zambia has limited institutions of learning and mortality rates are high. No one is above the law is slowly becaming a reality for millions who have waited for a judiciary that was controled by the chosen few.The British courts have all the facts and evidence to pass the judgement they passed.These Zambian leaders should be treated like the Nazi guards who killed millions of innocent jews, Their irresponsible life and behavior has killed too many Zambians who would have been alive to day if there was a better hospital with basic life saving equipments like EKG,MRI,X-RAY,C-SCAN .

  81. #77 Saint my ASS!! You are such a pathetic cadre who is happy eating crumbs when they fall off RBs`s big Mouth! Because of chaps like you,tu pompwe,tu kaponya.. Zambia will continue going down the drain! You move your ass along n do some!Cuz in my reign…you wil have no place!

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