George Kunda’s son drags PS Chikwakwa to high court

High Court Judge Madam E.P. Sunkutu has granted an injunction against Luapula Province Permanent Secretary Jazzman Chikwakwa and his Austrialian business partners against interfering with the operation of a mine in Mkushi.
Chikwakwa has been sued by Howard Kunda, the son to Vice-President George Kunda for breach of contract regarding the management of a mine in Mkushi. Chikwakwa was approached by Kunda to manage the mine and he went further to find partners in the name of Allegra Mining of Australia.
The agreement dated 24th March 2010 relates to the prospecting, mining, marketing and sale of mineral ore in Kafwa area of mkushi district under licence number LPL 241. This was between Chikwakwa and Eagle Mining Zambia Limited.
In the agreement, Chikwakwa being the owner was paid a one-off fee of US$20,000 and a further agreement which entailed that Chikwakwa was to be entitled to a royalty fee calculated as US$20 for each tonne of manganese produced and removed from the premises by the manager, in this case Kunda’s Eagle Eye Mining Zambia Limited.
Another US$2 for each tonne of manganese produced and removed from the premises by the manager was to be paid to Chikwakwa’s son, Maradona Chikwakwa. According to the agreement, Chikwakwa was also to be bought a motor vehicle by the manager of the mine for his personal and operational use in his name as his personal property. The type and time of delivery of the motor vehicle was agreed as at the sole discretion of Eagle Eye Mining.
But Chikwakwa, without considering varying the agreement or having discussions with Kunda and his partners, he went ahead, behind their backs and approached Allegra Mining to sign a separate agreement and disregard officials from Eagle Eye Mining.
This annoyed Kunda who has sued Chikwakwa in the Lusaka High Court.
An injunction has been granted to Eagle Eye Mining Zambia as first plaintiffs, Kunda who is a shareholder as second plaintiff and Neil William Richards as the third plaintiff.
The Austrailian mine, Allegra Mining has been sued as first defendant and Chikwakwa as second defendant.
Justice Sunkutu granted the injunction to Eagle Eye Mining, Kunda and Richards restraining the defendants either by themselves or their servants or agents or whomsoever from interfering in the operation of their mining activities until after the determination of the matter.
The matter will come up for inter-party hearing on 25th November 2010 at 08.45 before Justice Sunkutu.
The plaintiffs are claiming for an order to pay all the monies due to them, an order to compel the defendants to honour the terms of the contract enter into between them.
The plaintiffs are also demanding damages for breach of contract, inconvenience, causing anxiety and anguish. They are also claiming costs and interest on the money withheld and that which will be found to be due to the plaintiffs at the current bank lending rate and relief the court may consider necessary.

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