Ex-worker asks court to wind up Legal Resources Foundation to get his money
By Mwaka Ndawa
A FORMER employee of the Legal Resources Foundation limited has asked the Lusaka High Court to place the foundation under liquidation so that he can recover his terminal benefits owed to him following his dismissal from employment.
Legal Resources Foundation is the firm that has gone to court to challenge President Edgar Lungu’s eligibility for the August 12 presidential election.
Gilbert Yumba wants the organisation to be wound up for failing to pay him his redundant package.
In an affidavit in support of the petition dated May 24 filed in the High Court commercial registry, Yumba stated that in 2001, he entered into a contract of employment with the Legal Resources Foundation limited and he was entitled to receive renumeration for leave days.
Yumba said his contract of employment with the Legal Resources Foundation limited was terminated and the organisation has failed to pay him his dues in form of leave days as they fell due.
“It is just and equitable to wind up the respondent to enable all the creditors of the respondent to share into and participate in distribution of assets of the respondent company in accordance with the priority of payments prescribed under the corporate insolvency Act no.9 of 2017 once the assets of the company are sold off,” Yumba said.
He stated that the court had the authority to wind up a company incorporated in Zambia to enable its creditors collect the monies due to them.
And in an affidavit in support of ex-parte summons for an order for appointment of provisional liquidator, Yumba asked the court to appoint Lewis Mosho as the provisional liquidator.
Mosho is the provisional liquidator of Post Newspapers Limited.
Yumbe said there was a likelihood that the Foundation’s property may be disposed off before proceedings are concluded because the shareholders and directors of the company were foreigners.
“This court has the authority to appoint a provisional liquidator to maintain the status quo of the company pending hearing and determination of the petition,” stated Yumba.
“The petitioner proposes that Lewis Mosho of messrs Lewis Nathan Advocates be appointed provisional liquidator of the respondent as he is and accredited Insolvency practitioner.”
And in a consent to act, Mosho has agreed to act as the provisional liquidator in the said winding up proceedings.