Thursday, June 14, 2007
By Inonge Noyoo
Thursday June 14, 2007 [04:00]
THE London High Court judgment against former president Frederick Chiluba was yesterday registered in the Lusaka High Court. This followed an application by Attorney General Mumba Malila to register the London judgment in the foreign judgment register. The application for leave to apply for registration was made in chambers by lawyers from the Attorney General's chambers. Passing the ruling in chambers, judge Banda granted the application for leave to register the judgment.
"Upon hearing counsel for the applicant and upon reading the affidavit of one Mumba Malila filed herein, it is ordered that leave to register the judgment of the London High Court of Justice, Chancery Division in case number HCD4CO3129 and dated May 4, 2007 be and is hereby granted," judge Banda said.
"It is further ordered that any application to set aside the registration of the said judgment should be made within seven days from the date of this order and that execution on the judgment will not be issued until expiration of seven days." During last week's hearing that aimed at reconciling figures involved in the matter, judge Smith accepted that Chiluba should pay US$58,293,724, Xavier Chungu US $58,112,727 and Stella Chibanda US $58,112,727.
Others were Aaron Chungu US$27,193,136, Faustin Kabwe US $53,757,867, Francis Kaunda US$100,575, Boutique Basile US$1,815,736 and Raphael Soriano US$29,609,582.
However, judge Smith said the figures would remain valid unless they would be challenged by the non-participating defendants. Last month judge Smith established that Chiluba and others had defrauded Zambia through the BK Facility and the Zamtrop account in London.
This is a case in which the Attorney General of Zambia took out a civil suit against Chiluba and 19 others who were alleged to have siphoned about US$20 million from the state treasury.
Those co-accused with Chiluba include Cave Malik and Company, Xavier Francis Chungu (XFC), Attan Shansonga, Stella Chibanda, Aaron Chungu, Bimal Thaker, Faustin Kabwe, Francis Kaunda, Boutique Basile, Nebraska Associates Limited, MISSL Associates Limited, Hearnville Estates, Jarban SA, Raphael Soriano Katoto, Belsquare Residence, NV Roland Cracco and Robert Standaert.