By Merlyn Mwanza
Lusaka businessman Misheck Chatora has written another letter of complaint to Chief Justice Mumba Malila against High Court Judge Timothy Katenekwa and some lawyers.
But one of the lawyers he has accused of impropriety, Abel Tembo, has charged that Chatora is a sore loser who was once locked up for casting aspersions on the judges.
In a letter dated December 05, 2022 addressed to the Chief Justice and seen by Daily Revelation, Chatora raised more allegations against judge Katenekwa and lawyers who represented Zambian Breweries against his company Maritime Freight and Forwarding Limited.
“Further to my letter dated 31st October 2022 regarding the above subject matter, I wish to bring it to your attention the conduct of Judge T. Katenekwa and Richard Ngulube, the lawyer representing Zambian Breweries in this matter,” Chatora stated in part.
He stated that when the matter commenced on November 28, 2011, judge Katenekwa granted his company an ex-parte order of interim injunction on the same date and that the inter-parties hearing was on December 2011 and the ruling on the same was delivered on April 13, 2012, but that what shocked him prior to the injunction was that Ngulube whom he said operates from Lusaka literally camped in Ndola “waiting for the said ruling”, and that he went to the Ndola High Court himself to confirm that for himself on April 12, 2012 after receiving word from the registry that Ngulube “was hovering around the High court waiting for the ruling of the said injunction which Judge Katenekwa was writing.”
He claimed that he drove to the High Court incognito in his operations manager’s car and packed near Ngulube’s vehicle which he said had windows open and that he heard Ngulube asking the Judge’s marshal: “Upto? The judge has not concluded writing the ruling?”
Chatora wondered how Ngulube became aware that the judge was writing a ruling for him to even travel to Ndola, claiming further that while sniffing on Ngulube they noticed that he also received a phone call from Mwansa Mutimishi (the legal counsel for Zambian Breweries then) who, he said was asking why Ngulube had delayed picking the ruling in Ndola, and wondering how she knew that the Judge was writing the ruling.
He claimed that his friend who attended a meeting at Zambian Breweries in Ndola informed him that district manager North for Zambian Breweries Markhill Olemens informed the meeting that the injunction that Judge Katenekwa had granted to Maritime Freight in November 2011 was going to be discharged.
“My Lord just look at the sequence of events: Monday, 9th April 2012, Markhill informs the meeting that the injunction was going to be discharged, Thursday 12th April 2012, the Registry informs Maritime staff that Richard Ngulube was in Ndola and in constant touch with Judge Katanekwa’s marshal, Friday, 13th April 2012, judge Katanekwa discharges the injunction,” Chatora argued.
He further claimed that on the day Annabelle Degroot, the managing director testified before Judge Katenekwa in January 2016 in the Kitwe High Court, the matter had been adjourned for lunch from 13hrs to 14.30 hours, saying after he had rushed to the lavatory situated on the ground floor and as he walked back upstairs he overhead Tembo of Tembo and Ngulube associates telling Degroot that the letter which was signed by Mutimushi on October 10, 2011 was a big problem for Zambian Breweries and something needed to be done.
He claimed that that has led to the delay in the delivery of judgment since 2016, claiming further that Degroot told him that he should not think that he could defeat Zambian Breweries as they had already talked to State House, the Chief justice and other judges and that “you will see what will happen to you. You can only inconvenience us by wasting our time in court.”
Chatora urged the Chief Justice to intervene in the matter that he says has stayed six years without judgment and also allow the notice of motion filed by Maritime Freight on September 13, 2022 to be heard on merit.
But Tembo said Chatora was not the only one to face a situation where judgment has been delayed and therefore should not start casting aspersions on the judges.
He charged that Chatora was a sore loser who was once locked up for casting aspersions on the judges, and described his allegations as lies.
He said since Chatora had written to the Chief Justice they will also have an opportunity to respond if called upon.
Ngulube for his part simply stated: “Good evening. Our short response is that the allegations contained therein are totally false and malicious. There is absolutely no grain of truth. It’s a fabricated story.”
