THE Lusaka High Court has dismissed an application by LapGreen Networks, seeking interim relief to prevent Government from any further dealings that will be prejudicial to its stake in Zamtel.
LapGreen had filed an application for an order of interim relief, in accordance with the Laws of Zambia.
The application seeks to prevent Government from any further dealings that would be adverse or prejudicial to the communication company’s 75 percent shareholding in Zamtel, which was reversed by the State.
But High Court judge Albert Wood said in a ruling delivered yesterday that it is not correct that an order for interim relief in whatever form it is sought, should be granted before hearing and determination of the petition.
Mr Justice Wood said the correct position is that the application should be heard and determined first before an order, writ or direction is issued for purposes of enforcing or securing of any provisions in the Constitution.
“It follows from the foregoing that the application for interim relief in the manner sought by the petitioner must fail. It is accordingly dismissed with costs to the respondent. Leave to appeal is granted,” he said.
Mr Justice Wood said even assuming that LapGreen is entitled to an injunction, there is considerable force that damages will be an adequate remedy in the event that the court rules in favour of the Libyan telecommunications company.
He said this is because LapGreen has prayed for an alternative remedy in the form of an order for compensation, calculated at the market value of the shares, which is essentially a claim for damages.
Mr Justice Wood said it will not be an insurmountable task to determine the damages being claimed, had this been an appropriate matter for an injunction.
He said he does not agree with LapGreen’s lawyers that since the proceedings were contentious, it is necessary to grant an interim measure of protection.
[Zambia Daily Mail]
PF Lawyer at work . . .jungle justice
No its PF Judge you fool
When people lose trust in a Judge, (s)he becomes worthless. That is a lesson to Cde Albert Wood
Does this mean that Govt is going to refund lapgreen instead of giving them back the company
BA LAPGREEN, YOU ARE FINISHED
Your stuff is quite fascinating.
It wont work in Zambia, try ICJ
This is the judge Nchito and M’membe want to handle their case.
Abuse and lack of respect for law and order at Work, Stupid PF govt at work, its donchi kubeba ati they are useless.
The details in this case are too technical for me to follow. Kwati ni puzzle, koma mulandu…
True, but when ever you encounter a legal scenario you will be forced to learn the language. Its actually not that complicated when you read what the Judge said; and he is very reasonable. Basically, they cannot have it both ways, one side they are asking for damages, the other hand they want protection. I am no lawyer, but have studied a lot of it in my profession. However, I had a nasty employment dispute in Zed where some people used “boma” and they lost!! With costs; so I learnt things very quickly.
Waste of time lapgreen.Just go back to libya.You wont manage to fight boma.
Very Good Mr Wood, Zamtel for Zambians.
I totally agree with the outcome by our courts…….that aside why is it that in Africa generally speaking any ruling party seems to be favored in any court verdicts, not that I have little faith in our justice system….but i wonder why
Chachine Chale! legal language is so confusing, its like one needs a separate dictionary to understand what ever they are talking about. I am so lost.
This is not a victory for PF or Lapgreen. In effect all what the judge is saying is that it would not be in order to interfere with the operations of Zamtel before the arguments are heard, as Lapgreen will be entitled to compensation if PF’s action to repossess was wrong and the matter is determined in Lapgreen’s favour. In other words, the Judge is protecting Zamtel for the benefit of whichever party will carry the day.
Dogs ruling Zambia.
where is that woman who was learning hr at lapgreen?/BANDA SOMETHING!!
Well Done Justice WOOD, Now you MMD F.O.O.Ls watch how we shall get our Company Back, ZAMTEL is for ZAMBIANS not LIBYANS???If they ever make a Mistake to give them Back, I will be on the NEXT PLANE TO ZAMBIA, TO MOBILISE YOUNG YOUTH THAT WE GET ZAMTEL BACK. VIVA ZAMBIANS??? NO MORE SLEEPING ON DUTY…
useless zamtel, i’ve packed my zamtel sim so how are you benefiting. no promotions……..
Before you get away with celebrating, the country is yet to know how much the govt will pay Lapgreen in compensation. It could be very costly. Remember it could be as high as half a $1bn.
Only if they win the case.
WHAT IT MEANS
Lap GreenN has petitioned the constitutionality of the grabbing of its shares by the Zambian Govt and the petition has not been heard yet. Lap GreenN then made an application that Govt should not in any way deal with the shares that will prejudice the outcome of the Petition or to suspend the process of compulsory acquisition until the main matter is determined. the court has at this stage ruled that it can not grant interim relief now and that it can only give any such orders after hearing the petition in June. In short this was just a preliminary issue.
I HOPE THIS HELPS
Sounds like cart in front of the horse so Lapgreen has to try again at later date.
I love judge Wood. He’s so PF. He’s a great judge. He and the DPP make a great team. More jobs for the youth is becomming a reality.
Just where will the money to pay Lap Green going to come from. I can already see the Government being charge heavy compensation of which they won’t have money in the treasury to pay there and then. So some Vulture fund (Kaloba) will pay off Lap green and be on Zambia’s case. By the time Govt has revenue to pay we will have paid back double the amount. Capitalism has no relationship with sympathy and emotions.
User friendly Judge for the DPP and Mmembe……..hahahaha, pliz all PF cadres take your case to Wood and you win the case.
Give to Zedians what belongs to Zedians! Good work Judge!
@chitapi,ur an imbecile, I wil propose to yr mother so dat I can wash her asses
foreign crooks and looters out of ZED !!
im wit mike althow i live in Arkansas(which is a state in the U.S.) babe ur an initanrtonl suprstar n not jus knwn in the U.S. hell im American and i cnt evn affrd it i wana meet u so bad that i sumtyms cry at night bcoz im afrd its nvr guna hapn but babe plz if u truly luv us u wil do u damndest on making a new album wit new sngs n a single bigr than BELIEVE ever dreamd of. do u love us or not? betr yet do u luv urself enuf 2 accomplish da unaccplshbl coz i knw u can do it bcoz u r CHER!!!VA:F [1.9.15_1155]please wait…VA:F [1.9.15_1155](from 0 votes)
Useless country with useless people.
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