• ZCCM-IH’s intended appeal did not raise points of public importance.
• It had no reasonable prospects of success.
• The dispute will now proceed to arbitration for determination.
The Court of Appeal has rejected ZCCM-IH’s application for leave to appeal to the Supreme Court against its judgment delivered on 20th November 2020.
In a ruling read out in Court today by Judge Dominic Luther Yeta Sichinga, the Court of Appeal held that ZCCM-IH’s intended appeal did not raise points of public importance and had no reasonable prospects of success and the dispute will now proceed to arbitration for determination.
ZCCM-IH petitioned the Lusaka High Court on May 21, 2019, seeking an order that KCM should be wound up for engaging in tax evasion and being managed in a manner detrimental to its interest, among other allegations.
On November 20, last year, the Court of Appeal ordered a stay of the winding-up proceedings that ZCCM-IH has instituted against KCM in the High Court and referred the matter to arbitration as requested by Vedanta Resources Holdings Limited.
ZCCM-IH wants the court to give directions on whether the High Court has jurisdiction to hear and determine summons for directions when winding-up proceedings have been stayed and dispute referred to arbitration by the Court of Appeal.
On 1st December 2020, ZCCM- IH made an application for leave to appeal following the Court of Appeal’s decision to stay the winding up proceedings of Konkola Copper Mines (KCM) and referred Vendanta, KCM and ZCCM- IH to arbitration.