The Kitwe High Court has discharged an interim injunction it granted to Konkola Copper Mines -KCM- which sought to stop Copperbelt Energy Corporation (CEC) from restricting power supply to the mining giant.
This is in a matter where CEC started restricting power to the firm after it allegedly failed to settle over 1-hundred million dollars debt it owes the energy firm.
This now means CEC can continue restricting power to KCM as it pushes for the mining firm to settle its debt.
Passing ruling this morning, Kitwe High Court Judge Evaristo Pengele stated that he sees no basis for granting KCM an interim relief pending arbitration because they have not demonstrated that there is any serious dispute to be determined at arbitration.
This is in a matter where KCM applied in the Kitwe High Court for an order of interim relief pending arbitration.
The mining firm also sought an interim injunction to restrain CEC from effecting a power supply restriction to KCM, as the move would have irreparable damage on the operations of the mining firm.
In May, the court granted KCM an ex-parte order for interim relief pending arbitration.
But lawyers representing CEC urged the court to vacate the interim injunction because it had been overtaken by events.
However, Justice Pengele said in order for an application for an injunction to succeed, the applicant must establish that they have a clear right to relief in the main matter.
