Chimanga Changa Limited v. Export Trading Limited CAZ Appeal No. 76/2020 and CAZ Appeal No. 053/2021

Authors

Chanda Chungu, University of Zambia

Publication Date

11-2021

Abstract

The Court of Appeal delivered two judgments with respect two separate Rulings delivered by the Commercial Division of the High Court of Zambia. The facts that led to the Rulings stemmed from a judgment rendered against Chimanga Changa Limited whereby the Commercial Division of the High Court of Zambia awarded Export Trading Limited a sum of money relating to unpaid goods supplied. Thereafter, Chimanga Changa failed to pay the judgment sum and entered business rescue proceedings.

The first Ruling dealt with a preliminary objection raised by Chimanga Changa Limited with respect to the need for leave or permission from the business rescue administrator/practitioner or the court to challenge the legality of the institution of business rescue proceedings. The second Ruling related to the decision of the Commercial Division of the High Court of Zambia to set aside the resolution of the Export Trading Limited to commence business rescue proceedings and discharge the appointment of the business rescue practitioner.

Recommended Citation

Chungu, Chanda (2021) "Chimanga Changa Limited v. Export Trading Limited CAZ Appeal No. 76/2020 and CAZ Appeal No. 053/2021," SAIPAR Case Review: Vol. 4: Iss. 2, Article 13.
Available at: https://scholarship.law.cornell.edu/scr/vol4/iss2/13