Application by respondents by way of action instituted for an injunction to restrain the appellant bank from appointing a receiver, who had been appointed by the bank in purported exercise of powers under loan agreements and statute, such appointment effected while an earlier action by the bank for recovery of monies lent, was still pending.
(i) It was wrong plaintiff bank to commence an action in court and then at the same time adopt some measure of self-redress
(ii) The injunction should be quashed because there is already an action on the same subject matter and the court does not approve of the commencement of a multiplicity of procedures, proceedings and actions in different courts which may result in the courts making contradictory decisions on the same matter
For the Appellants: Mr D Gondwe of Development Bank of Zambia
For the Respondent: Mr G Kunda of George Kunda and Company