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Lesa Kasoma has described her ex-husband, Stephen Nyirenda’s lawsuit demanding the return of 60 percent shares in Komboni Radio as frivolous and an abuse of court process.
In her defence filed in the Lusaka High Court, Kasoma denied the accusations outlined in Nyirenda’s statement of claim, asserting that the matter was statute-barred.
She argued that the cause of action relating to the alleged contract arose outside the statutory limitation period.
“The cause of action is frivolous, vexatious, and an abuse of court process. The defendant prays that the matter be dismissed,” she submitted.
According to court documents, Nyirenda is seeking a specific performance order compelling Kasoma to transfer 60 percent shares in Komboni Investments Ltd back to him, as stipulated in their original agreement.
He is also demanding a full accounting of the company’s financial records since its inception, to be audited by an independent auditor.
Additionally, Nyirenda is seeking an interim order to preserve the company’s assets until the case is resolved.
The dispute dates back to September 6, 2012, when Nyirenda and Kasoma signed a contract outlining the shareholding and management structure of Komboni Investments Ltd.
Per the agreement, Nyirenda was allocated 60 percent of the shares, Kasoma 20 percent, and the remaining 20 percent held in trust.
Nyirenda claims to have invested €79,560.50, $122,000, and K4,065,000 in assets for the company’s establishment.
For two years, Nyirenda claimed to have not only met his investment obligations but also provided additional funds to sustain operations.
He argued hat the contract was legally binding under Zambian law and had evidence to show he was a co-signatory on the company’s bank account.
However, Nyirenda alleged that Kasoma, in collaboration with Disymus Mubanga, forged his signature to alter the bank account’s authorised signatories.
He also claims to have discovered unauthorised withdrawals, which alerted him to these alleged changes.
He maintained that he did not consent to the alterations and reportedly lodged complaints with the Bank of Zambia and the Zambian police against Cavmont Bank Zambia for misconduct.
Nyirenda also stated that Kasoma later moved the company’s banking operations from Cavmont Bank to Access Bank Ltd.
Furthermore, it is claimed that a search at the Patents and Companies Registration Agency (PACRA) revealed Kasoma now held 90 percent of the shares, while one Lute Kasoma owns the remaining 10 percent, contrary to their original agreement.
On September 23 and October 30, 2017, Nyirenda formally demanded accountability and repayment of his investments, alleging Kasoma’s continued disregard for their contractual agreement.
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