' THE PRINCIPAL REGISTRY ILDEN AT LUSAKA (Civil Jurisdiction) an HIGH COURT FOR ZAMBIA 2019/HP/0761 A Hi IN THE MATTER OF THE CORPORATE INSOLVENCY ACT NO. 9 OF 2017 " BETWEEN: ZCCM INVESTMENTS HOLDINGS PLC PETITIONER AND KONKOLA COPPER MINES PLC 1** RESPONDENT VEDANTA RESOURCES HOLDINGS . LIMITED INTENDED 2"> RESPONDENT Before Hon. Mrs. Justice A. M. Banda-Bobo on 20th June, 2019 For the Petitioner . Mr. A.J. Shonga Jr, $.C, Mr. S.M. Lungu-S.C, with Mz N, Ng’andu all of Shamwana & Co & Mr. Y. -r-Mkandawire General Counsel & Mbalashi, Deputy General and Mr. M. Mwanashiku For the Respondent Co, Mr. C. Bwalya with Mr WN. ‘Mubonda of D.H. Kemp & Co, Mr. J. Zimba, Ms. T Nkana & Ms. P. Mwansa all of Makebi Zulu & Co For the Intended 24 Mr. MLM. Mundashi, 8.C, Mr. D.M. Respondent Chakoleka and Mr. C, Salati all of RiMessrs Mulenga = Mundashi Kasonde Legal Practitioners, Co-Counsel ~ Mr. S. Chisenga & Mr, J. Kawana of Corpus Legal Practitioners RULING Cases referred to: 1. Dean Namulya Mung’omba Bwalya Kanyanta Ng’andu and Anti- Corruption Commission v Peter Machungwa Golden Mandandi and Attorney-General (2003) Z.R. 17. 2. Tembo v The People (1972) Z.R. 16, 3. Sinkamba v Doyle 4 (1974) Z.R.175, 4. The People v Chaponda (1973) Z.R. 175 5. Barry Jackson v The Attorney General (1979) Z.R. 167 6. Chikuta v Chipata Rural Council (1974) Z,R. 51 7. New Plast Industries Limited v Commissioner of Lands and Another (2001) Z.R. 51 8. B.P. Zambia Plc v Zambia Competition Commission, Total Aviation and Export Limited (S.C.Z No. 22 of 2011} 9. Kingate Management Limited (2012) SC (Bda) 52 Com 10. Re Mentor Insurance Limited (1987) 11, Re Bradford Navigation Company (1870) LR 5 Ch App 600 at 601 12. Christopher James Thorne y Christopher Mulenga, Edgar Hamuwele and Zambia National Commercial Bank Ple (2011) Vol. Z.R. 221 at 236 13. Macaure v Northen Assurance Company Limited (1925) AC 619 14. Sacher Narendra Kumar v Joseph Brown Mutale (SCZ Judgment No, 8 OF 2013) Appeal No. 35/2011 15. London Ngoma and Others v LCM Company Limited and United Bus Company of Zambia (In Liquidation) (S.C.Z JUDGMENT NO. 22 OF 1999) $.C.Z. APPEAL NO. 91 OF 1997 16. Abel Mulenga and Others v Mabvuto Adan Avuta Chikumbi and Others (2006) Z.R, 33 17, Ebrahimi v Westbourne Galleries Ltd [1973] AC 360 R218. Sun Microsystems Malaysia SDN BHD v KS Eminent Systems SDN BHD (formerly known as CN Eminent Systems SDN BHD) High Court, Kuala Lumpur 17 July 2000 19. Maril Rioneble v Perdana Merchant Banks BHD & Other Appeal Court of Kuala Lumpur (2001) 3 CLJ 248 20. Gianpietro Milanese & Others v Paulo Marandola & Two others Appeal No, 133 of 2011 21, Andrew Herbert Chiwenda and 5 Others v Post Newspapers Limited and Another 2016/HPC/0518 Legislati other Works referred to: 1. Companies (Winding-Up Rules) Statutory Instrument No. 86 of 2004 2. The High Court Act, Chapter 27 of the Laws of Zambia 3. The Corporate Insolvency Act no. 10 of 2017 4, The Rules of the Supreme Court, 1965 This is a ruling on an application by the Intended 2%¢ Respondent for non-joinder. It is made pursuant to the provisions of Order 14 Rule 5 (1) of the High Court Rules, Chapter 27 of the Laws of Zambia (HCR) as read with Order 15 Rule 4 (1) of the Rules of the preme Court (RSC), 1965, 1999 Edition, (the White Book). D Inan Affidavit in Support of the application, sworn by one Hermien Uys, it was deposed that the Petitioner and the Intended 24 Respondent were shareholders in the Respondent Company. They held 20.6% and 79.4% shares respectively. The deponent stated that on 21* May, 2019, the Petitioner filed a Winding-Up Petition, sdeking an Order to wind-up the Respondent Company and to appoint Mr. Milingo Lungu as the Provisional Liquidator. That after B appointment, as Provisional Liquidator, Mr. Lungu instructed personnel in senior management to prepare handover notes. It) was the deponent’s further averment that the Intended 294 Respondent has invested millions of United States Dollars in the RB