The court has since appointed Lusaka lawyer Bellington Mosha as the provisional liquidator.
In a ruling delivered by judge Winnie Mwenda, Mosha will manage all the assets, properties and business of Brook Cherith during the winding up proceedings.
“Upon hearing counsel for the petitioner
and upon reading the affidavit filed in support herein, it is hereby ordered that Bellingtone Mosha be and is hereby
appointed to act as provisional liquidator in respect of all
the assets, properties and business of the respondent in the winding up proceedings of the respondent herein with powers of the provisional liquidator as enshrined in the Corporate Insolvency Act No. 9 of 2017,” ordered judge Mwenda.
On January 21, 2020, a High Court registrar in a final Interlocutory judgement in default of appearance and defence ordered that Brook Cherith refunds 120 purchasers of its land K3,837,637.00.
The court awarded the plaintiffs damages for breach of contract to be assessed by the deputy registrar, damages for fraud to be assessed by the deputy registrar, interest on all sums due and costs to be agreed in default taxed.
In this matter, 120 Lusaka residents sued Mr Chanda and his company Brook Cherith for selling them plots of diverse subdivision number 3096 Charliesdale, off Airport road in Lusaka which did not belong to him.
Nathan Sinkala and 119 others sought an order of
injunction restraining Chanda,
his company Brooks Cherith Estates Agents and Developers Limited
from making transactions on two bank accounts, Stanbic account no. 5166704100122 held at East Park branch and account no.5166704100122 held at Zanaco disposing of it’s assets or generally, transacting on any bank
accounts held by the defendants.