HIGH Court Judge Evans Hamaundu has set May 7 this year as the date of hearing in a matter in which former Republican president Frederick Chiluba and others are challenging the registration of the London High Court judgment.

Chiluba and his co-defendants, former Access Financial Services (AFS) directors Faustin Kabwe and Aaron Chungu, and others were held liable by High Court Judge Peter Smith for allegedly defrauding the Zambian Government in public funds amounting to over US$46 million.

The Zambian Government then obtained an ex parte order for leave to register and enforce the London Court judgment based on provisions of the Foreign Judgments Act Chapter 76 of the Laws of Zambia.

But Chiluba and his co-defendants later applied to set aside the registration of the London High Court judgment in Zambia.

Some of the grounds upon which Chiluba and his co-defendants based their arguments were that the London High Court had no jurisdiction over them, that the London judgment was obtained by fraud and that they were denied fair trial by the London High Court, hence judgment was obtained without giving them an opportunity to be heard.

The High Court dismissed the preliminary issues raised by Chiluba and the defendants decided to appeal to the Supreme Court who in turn dismissed the same preliminary issues.

Delivering judgment in the matter, Deputy Chief Justice Irene Mambilima, sitting with Supreme Court judges Mervin Mwanamwambwa and Dennis Chirwa, ruled that there was no merit in the application by Chiluba.

Justice Mambilima ruled that the lower court exercised its discretion to refuse to look at the preliminary mater as that would have wasted time because the issues that the defence raised could have been heard in the main matter.

Hearing has set for May 7 2010.