By 
Patrotic Front (PF ) Pambashe Member of Parliament, Ronald Chitotela, has lost an application to stop Azadi Investment Limited from executing the judgement on partial admission involving K6.5 million.
The case, presided over by Justices Pixie Yangailo, Ian Mabbolobbolo, and Vincent Siloka, saw a combined ruling delivered by Justice Yangailo on April 30, 2024.
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The dispute, originating from the High Court’s general list Division to the Economic and Financial Crimes Court related to an ex-parte application for an order to stay the execution of judgment on partial admission filed by Chitotela, a former cabinet minister in the PF government.
The application was filed pending the hearing and determination of an application to set aside a writ of fifa, dated April 24, 2024, in which Azadi Investment Limited wants to grab the goods and chattels owned by Chitotela to recover the outstanding K5.9 million debt.
He had contracted the company to his residential house situated at property no. CHONG/LN_21188/51, Chongwe district, at a cost of K9.5 million.
Upon thorough examination, the court uncovered three pending applications, including one filed by Chitotela on May 26, 2023. Chitotela’s application sought special leave to review a ruling dated January 9, 2023, and an ex-parte application for an order to stay the execution of judgment on admission.
Chitotela had argued that staying the judgment on admission was necessary to prevent unjust enrichment of the plaintiff, Azadi Investment Limited.
He claimed that certain payments, both in kind and cash, had been made to Azadi Investment, which had not been accounted for during the court’s initial judgment on admission.
However, the court found that Chitotela had not filed his intended applications to vary the judgment sum and to set aside the writ of fifa.
Consequently, the court limited its consideration to the affidavits provided, which failed to demonstrate sufficient grounds for granting a stay of execution.
The court maintained that judgment on admission was properly arrived at based on Chitotela’s admissions and the evidence presented during the initial hearing.
It emphasized that the judgment could not be varied based on information that was not disclosed during the proceedings.
The Court further ruled that Chitotela had not shown any special or exceptional circumstances warranting a stay of execution.
It concluded that Chitotela had not met the conditions necessary to justify a stay order, leading to the dismissal of the applications dated May 26, 2023, and April 24, 2024.
The case is set to continue on June 4, 2024, for the hearing of Chitotela’s application for special leave to review a ruling filed on May 26, 2023.
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