High court upholds freeze order on chief Nkana’s accounts in Lusambo $105,000 dispute

The Lusaka High Court has refused to lift a freeze on Chief Nkana’s bank accounts, siding with former Lusaka Province Minister, Bowman Lusambo, in a US$105,000 dispute.

In her ruling, Judge Irene Mbewe upheld a mareva injunction preventing Chief Nkana, Godfrey Shamanena, from accessing funds in his Zanaco account or disposing of assets until the matter is fully determined.

The injunction arose from Lusambo’s claim that he played a central role in negotiations which saw Bisma Mining Limited sold to Grizzly Mining Limited between 2021 and 2022.

Lusambo contended that for his involvement, he was entitled to US$105,000. Instead, he said, the entire US$165,000 payment was wrongly deposited into the chief’s personal account.

Although the Anti-Corruption Commission (ACC) froze and later released the funds earlier this year, Lusambo alleged that the traditional leader has since refused to give him his portion.

His lawyers argued that the injunction was necessary to prevent the money from being depleted before the court concludes the case.

Chief Nkana, however, rejected the claim, insisting that no binding contract existed between him and Lusambo. He maintained that any payment made to him was not legally enforceable and urged the court to lift the freeze.

But Judge Mbewe found merit in Lusambo’s application, stressing that the primary role of a mareva injunction is to preserve assets and prevent their dissipation in a way that could frustrate a future judgment.

“The plaintiff has placed before court sufficient material that the apprehension of dissipation is real, and the money may be diverted or disposed of by the defendant for personal purposes,” she ruled.

The court further observed that Chief Nkana’s own acknowledgment of plans to use the money for medical treatment abroad heightened the risk of depletion.

Meanwhile, Lusambo—the man at the center of the claim—is serving a four-year prison sentence for corruption.

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