FDH Bank Limited chief executive officer Thom Mpinganjira expected to appear in court next month for contempt of court under Civil Cause number 681 of 2013 between the bank and Maranatha Girls Academy Limited.
Mpinganjira and FDH head of credit Tiwonge Khoje are accused of “contemptuously disobeying” two court orders on the long-drawn casw with the Academy.
The bank is supposed to make a payment of K784 830 909.16 (about $1.2million) due to Maranatha Girls Academy Limited as compensation for loss and damage arising from a breach of three months statutory notice by FDH Bank.
Court documents show that Maranatha Girls Academy Limited sought declarations on a matter regarding a notice of intention to sell the applicant’s property Title Number South Lunzu 7/45 (Maranatha Girls Academy Limited) advertised in the newspapers on September 17 2013, which the court found to be wrongful and flouting Section 68 of the Registered Land Act.
The court ordered that the registrar should assess general damages arising from the wrong.
The High Court issued a notice order for Mpinganhira to attend court hearing next month but he refused to receive delivery of the notice, according to lawyer Cassim Chidothe who is representing Maranatha.
Chidothe said he recorded that he served Mpinganjira the court notice and that he is aware of the matter “whether he signs or not.”
Judiciary spokesman Mlenga Mvula confirmed that the matter is coming in court next month for inter-partes hearing for committal to prison.