The Lusaka High Court has stayed the writ of possession and eviction order against Bukomo mining Limited over the disputed gold mine in Lwili village of Chief Shakumbila in Mumbwa district.
Judge Sharon Newa stayed the possession and eviction orders, pending determination of an application by Bukomo to set aside the orders.
Last month, about 11 families were left stranded after they were evicted from houses belonging to Bukomo Mining in Mumbwa.
In this case, Bukomo Mining Limited has sued Luiri Gold Mines Ltd, Alan Mwanza, Godfrey Manda, Nelson Sikochi, David Mweene, Amybin Kalenda, Charity Lupiya Lutanga and seven others, seeking an eviction order for the defendants to be removed from the area over which it held the gold processing licence.
Bukomo mining was also seeking damages for loss of business as a result of the defendant’s failure to vacate the area.
Bukomo is challenging the court’s decision that it is not the rightful owner of the mine.
In an order signed by judge Newa dated October 14, 2020, the judge has stayed the writ of possession and eviction orders against Bukomo Mining.
“Upon hearing counsel for the defendants and upon hearing counsel for the plaintiff, it is hereby ordered that the writ of possession and eviction order issued and/or procured by the defendants herein be stayed and the same is hereby stayed forthwith pending determination of the plaintiffs application to set aside the said orders. It is further ordered that the preliminary issue raised by counsel for the defendant herein be dismissed forthwith,” judge Newa said.
“It is hereby ordered that the defendant shall file their affidavit in opposition and skeleton arguments on October 21, 2020 and the plaintiff shall file its reply if any on October 30, 2020. Ruling is reserved and leave to appeal is granted.”
Bukomo Mining Limited lawyer, Andy Wright, applied to set aside the writ of possession and ex parte order for eviction on September 29, 2020 but the defendants raised preliminary issues.
The defendant’s preliminary issues were on points of law, pursuant to order 14A of the Rules of the Supreme Court of England, 1999 Edition.
The defendants through their lawyers Mwila Chibiliti and Muzondi Mwanza, argued that in light of the judgment of the court dated September 28, 2017, the plaintiff has no locus standi in the matter.
Chibiliti, who purports to be counsel for Luiri Gold has been accused of misconduct as he has not been appointed by Luiri liquidator as he purports or the new owners, Westate Capital from Australia.
The source said Chibiliti was totally conflicted because him, chief Shakumbila and Thomas Mushibwe allegedly formed a company called Easiearth Resources where the lawyer is a shareholder with 25 per cent and that they were requesting Bukomo to give them 50 per cent shares.
The source said Chibiliti was again purporting to represent Luiri Gold which is misconduct.