The matter in which Directors of Ultimate Insurance: Tobias Milambo, Richard Lubemba and Nachi Musonda are appearing before the Lusaka Magistrate Court for fraud is expected to commence on Tuesday, October 6, 2020.
The trio is accused of amending shareholding records of Ultimate Insurance Company at the Patents and Companies Registration Agency (PACRA).
Previous owners: Klein Syampingo, Justin Phiri and Maybin Silavwe have stated that their company was sold to Lusaka businessman Mr. Chanda Katotobwe and his spouse, and Mrs. Felicitus Kabwe Chibamba Katotobwe.
The accused persons allegedly changed the records while the new owners were out abroad.
Lusaka Resident Magistrate Alice Walusiku established that the accused persons lied that they had or were exposed to Covid-19.
The court also established that the documents to support the claim that the accused persons, Nachi Musonda, had contracted Covid-19 and tendered in Court by Mr. Nchima Nchito were dismissed as forgeries by authorities from Centre for Infectious Disease Research in Zambia (CIDRZ) and Levy Mwanawasa Hospital.
Magistrate Walusiku was forced to refer Mr. Nchima Nchito SC, Mr. Mutembo Nchito SC and Mr. Chisuwo Hamwela defence lawyers for the accused to the Disciplinary Committee of the Law Association of Zambia to investigate this matter and other acts of professional misconduct demonstrated do far.
Magistrate Walusiku in her ruling delivered on September 25, 2020 stated that the defence was accused of gross abuse of the court process and Forum Shopping.
The defence lawyers are accused of engaging in activities that abused the court process to willfully and deliberately delay a criminal trial legitimately before the Lusaka Magistrates’ Court.
She said by the conduct of the defence, the matter has been delayed since July 25, 2019 when it commenced.
She said the defence made frivolous applications to the High Court twice, and the cases were both dismissed with rulings that the claims that their clients would not receive a fair trial were unfounded and that the criminal matter, was legitimately before the Court and therefore could not be stopped.
Despite the two dismissals by the High Court, the Nchitos frantically attempted to make another similar application in the Livingstone High Court on matters that were ruled and settled by the Lusaka High Courts.
The defence also attempted to obtain a stay of proceedings in the same Livingstone High Court.
Magistrate Walusiku stated that the criminal case under her Court was properly before her and that the Court was the sole forum to adjudicate all issues involved and all interested parties had an obligation to bring them and that forum shopping was a clear and unacceptable abuse of the judicial process.
Meanwhile, the defence lawyers are also accused of tendering forged documents to court.