THE Court of Appeal has dismissed an application in which Konkola Copper Mines (KCM) wanted it to reverse a court order preventing the mine from exporting minerals extracted over a mining tenement allegedly belonging to Kalymnos Processing Limited.
Court of Appeal Judge Petronella Ngulube said she cannot entertain KCM’s application to set aside her June 30, 2023 ruling because she has no jurisdiction to do so.
On June 30, the same court granted a mareva injunction order preventing KCM from exporting minerals extracted over the mining tenement allegedly belonging to Kalymnos Processing Limited, pending determination of an appeal.
Up happy with the ruling, KCM filed an application to set aside the mareva injunction order but Kalymnos Processing Limited also raised a preliminary objection against the mine’s application deeming it irregular.
In the preliminary objection, Kalymnos contended that the court had no power to hear KCM’s application challenging the June 30, 23 ruling because during inter-parte hearing of the same, the mine failed to appear in the case.
It submitted that in light of the same, Judge Ngulube had not jurisdiction or authority to preside over KCM’s application for her to set aside the June 30 ruling.
In her ruling, Judge Ngulube dismissed KCM’s application.
“I am of the view that the appellant’s [Kalymnos Processing Limited] preliminary objection has merit and the respondent’s [KCM] application to set aside the ruling dated 30th June, 2023 is hereby dismissed,” Judge Ngulube said.
In this case, Kalymnos Processing Limited and Albertina Kashiba applied for a Mareva injunction in connection with the main lawsuit involving 12 million tonnes of tenements worth US$2.4billlion.
Kalymnos Processing Limited director Dimitrios Monokandilos had submitted that the company was granted mining rights by the Ministry of Mines and Minerals Development in 2016.
The same was under licence numbers 21443-HQ-SEL and artisan mining right number 214119-HQ-AMR, respectively.
Mr Monokandilos said the licences covered overburden dump 1 and stockpile dump 6 on farms 927, 1426, in Chingola.
The company owned the mining rights over the three properties and KCM preserved the surface rights having acquired the land from ZCCM in the 1990s.
Mr Monokandilos said,however, that KCM had filed a lawsuit in the High Court preventing Kalymnos from accessing the mining tenement in dispute.
The court later passed a judgement which was against the appellant prompting Kalymnos to challenge it in the Court of Appeal.
The appeal case filed by Kalymnos involves 12 million tonnes of tenements worth US$2,400,000,000 extracted from the said mining area between October 2017 and February, 2018, which KCM has allegedly not accounted for.
(Mwebantu, Thursday, 3rd August, 2023)
The biggest-ever win on Aviator for the whole of Africa
Lucky player at betPawa Ghana touches down with the game’s biggest win to date after riding out phone glitch
Aviator, the world’s number one crash game from award-winning developer, SPRIBE, has landed another big winner at popular betting brand betPawa Ghana won a massive $500,000 (ZK11.8 Million) – the biggest Aviator win in Africa.
This is how the action unfolded…
Fuseini, from Kumasi, Ghana, opened betPawa on his smartphone and headed straight to the game lobby to take flight with Aviator. Having set his bets at GH¢20, he launched the plane and watched as it climbed higher and higher, with the bet multiplier also getting bigger and bigger.
With Aviator, the aim of the game is to hold your nerve for as long as possible – the longer you hold out, the bigger the win multiplier gets. Of course, if the player waits too long, the plane flies away taking their accrued winnings and original stake with it.
In a twist of good fortune, his smartphone was not functional, and he couldn’t cash out for a few moments. Those few extra seconds of being airborne took the multiplier sky high, taking his total win to a life-changing ZK 11.8 Million (more than $500,000).
Not only did he hit the Highest Cash Multiplier of the Week, but his win is the largest ever recorded in Ghana since SPRIBE introduced Aviator to the market back in 2018.
To mark the occasion, betPawa treated Fuseini to a once-in-a-lifetime experience, flying the avid football fan and his family and friends to a football match in a private jet. The betting brand, which is active in eleven African countries, then held a press event where Fuseini spoke emotionally about the win and was presented with a cheque for $500,000.
Giorgi Tsutskiridze, CCO at SPRIBE, said: “Aviator is a thrilling game loved by more than 10 million players a month across the world. Not only does it provide engaging, fast-paced action on mobile and desktop, but as seen by Fuseini, it gives a superb opportunity to players to build their wealth and fortune just by playing the best crash game in the world.”
“Aviator is multi-player and social, and Fuseini can now enjoy his time at the top of the Aviator Battle Royale Leaderboard where other players can put their mettle to the test to see if they can land an even bigger multiplayer.
“It’s also great to see betPawa give Fuseini the royal treatment following his big win. This is a great branding opportunity for the operator and also helps to make even more players aware of the Aviator and why it’s the number one crash game on the planet.”
Fuseini said: “I cannot believe what is happening to me because I never imagined ever being on an aeroplane. Today, I have been flown on a very luxurious plane fit for a millionaire.”
Ntoudi Mouyelo, CCO at betPawa, added: “We are so happy for Fuseini and his incredible win on Aviator. What better way to celebrate than putting Fuseini in a real plane and flying him to watch his favourite sport, football. With his winnings in hand, he can now travel in style wherever he goes.
“Aviator really is one of the most popular games in our lobby, and we look forward to sharing more big win stories as they land.”
Pastor guilty of defilement
THE Lusaka Magistrate’s Court has found a Presbytery Church pastor guilty of defiling his granddaughter aged 11.
Magistrate Mutinta Mwenya convicted Allan Muchulu yesterday and committed him to the High Court for sentencing.
In this matter Allan Muchulu, of Lusaka’s Meanwood, is charged with defilement of a child.
The defilement of the child took place in March last year, in Meanwood.
And during trial, the girl narrated before a magistrate that the cleric had sex with her several times and would go to her bedroom in the night when she is not menstruating.
The accused pleaded not guilty and the State called several witnesses to testify against him for allegedly defiling the granddaughter of his brother-in-law.
During trial, the court heard that the victim, who is a double orphan, was being kept by Muchulu and his wife, who is the victim’s grandmother.
The court also heard that owing to alleged politics in Mrs Muchulu’s family, the pastor was allegedly implicated in the crime.
Lusaka resident magistrate Mutinta Mwenya later found Muchulu with a case to answer and placed him on defence.
In defence, Muchulu denied sexually abusing the minor, whom he described as a pathological liar.
The cleric also claimed that his wife’s relatives framed him.
“I stand here very surprised and shocked that I could have committed such a thing. I believe I have been framed because it is very juicy to hear what is happening about a pastor. As far as I know, I did not do what they are alleging I have done,” Muchulu said.
But during cross-examination by public prosecutor Malama Chisenga, Muchulu described the victim as a pathological liar.
“Are you a doctor to confirm that she is a pathological liar?” Ms Chisenga asked, as the accused said “no”.
And in her judgment, magistrate Mwenya said Muchulu’s defence and accusation of the victim of being a liar was an afterthought.
“I find it an afterthought for the defence to tarnish the image or character of the victim that she is a liar to merely evade the wheels of justice as this could have been raised in cross examination of the prosecution witness,” she said.
The court pronounced the clergyman guilty of the offence because allegations were proved against him.
Magistrate Mwenya further ruled out possibility of false implication and that she believed the testimony of the victim, who struggled to open up as during trial as she looked sad, distressed and disturbed.
(Mwebantu, Tuesday, 28th November, 2023)
Zambia Correctional Service Officer arrested for alleged murder of a bricklayer who delayed to bring him food, police say
POLICE in Mumbwa have arrested and charged a Correctional Service Officer stationed at Kitumba Correctional Farm in Mumbwa for alleged murder of Richard Silwamba aged 42 a bricklayer at Sugarloaf Enterprise Kaindu in Mumbwa.
Clifford Chota Mubili 29 allegedly beat up the deceased after he delaying from buying his food.
Police spokesperson Rae Hamoonga said the officer will appear in court soon.
“It is alleged that the deceased delayed to come back from buying foodstuffs after having been sent by the suspect, making him annoyed and later got a metal bar and hit the deceased on the face,” he said.
Mr Hamoonga said the body of the deceased was inspected and a deep cut was seen on the upper right eyebrow.
The body has been deposited in Mumbwa District Hospital Mortuary awaiting Postmortem while the suspect is detained in Police custody and will appear in Court soon,” he said.
(Mwebantu, Monday, 27th November, 2023)