Up and Coming
Provided by Yosa G Yosa
-Litigation
-Forensics
-Insolvency
Yosa is a seasoned litigator and has acted for various clients on private and public law dispute resolutions including valuable expertise in litigation. His practice also includes providing corporate and commercial advice to clients on commercial, construction, public law, competition, forensics, insolvency and employment matters. Yosa is also an accredited insolvency practitioner and is a member of Insol International, an association of international insolvency partners and the Insolvency section of the International Bar Association. Yosa’s practice also includes advice on insolvency matters with a particular focus on business rescue and restructuring practice. Yosa also sits on the board of the American Chamber of Commerce in Zambia. Yosa also serves as a member of the Insol Law Firm Management Committee.
-Member, Law Association of Zambia
-Member, Insol International
-Accessing Surface Rights Under Zambia's Mines Act, 2015: Navigating Arbitration and Unreasonable Withholding of Consent
DIRECTORSHIPS:
-Sabot Zambia Limited.
-Sabot Holding Zambia Limited
-Sabot Properties Limited
-Tetra Tech Internal Development Limited
-American Chamber of Commerce
-Plateforme de Protection des Lanceurs d'Alerte en Afrique (“PPLAAF”)
-Elite Industries Limited
-Natural Valley Limited
-BL and D Plant Hire and Sales Limited
-Samfuel Limited
-Urban Brands Asset Management Limited
-Konkola Copper Mines Plc
-Yosa led as advocates of record for a whistleblower (the "Client") through the PPLAAF against the Ministry of Finance ("MoF"). The Client faced reprisals and victimization from senior MoF officials after disclosing large-scale corruption and money laundering in Zambia's Ministry of General Education. These reprisals included threats to his life and well-being and withholding of remuneration.Yosa’s role involved representing the Client in judicial review proceedings against the MoF's senior officials. This case is significant for protecting whistleblowers and ensuring they are shielded from retaliation while challenging government decisions.
-Yosa led as advocates of record for the Client in a mortgage action brought by Zambia National Commercial Bank Plc ("ZANACO"). The case centered on a US$12,000,000 facility extended by ZANACO to Elite Industries Limited in 2020. As part of the security for this facility, a legal mortgage was placed on property owned by the 4th Defendant, Infinity Group Zambia Limited, among others. After the Client defaulted, ZANACO appointed a Receiver who took possession of the mortgaged property and initiated foreclosure proceedings.This dispute is significant as it concerns the fundamental right of borrowers to redeem a mortgage.
-Yosa led as advocates of record for the Client and four others in a mortgage action brought by Access Bank Limited. In 2014, the Client obtained loan facilities totaling ZMW16,000,000 (approximately US$3,200,000 at that time) from Access Bank and Cavmont Bank Zambia Limited (later acquired by Access Bank). Additionally, the Client entered into various overdraft facilities with Access Bank. During the amalgamation of Access Bank and Cavmont, irregularities and discrepancies emerged, particularly regarding interest calculations on the loan agreements. Despite repeated efforts to resolve these issues, they remained unresolved. Access Bank initiated legal proceedings, claiming various sums allegedly owed. The Client asserted that it had already paid more than US$3,200,000 over the years to Access Bank, despite the unresolved interest discrepancies, and contended that it had settled its debt.This dispute explores the regulatory framework governing bank interest rates, compliance with the Bank of Zambia's monetary policy rates, and the banks' regulatory obligations.
-Yosa led as advocates for record in three interrelated court actions against our Client by an aggrieved shareholder (the "Plaintiff").The first action involved the Plaintiff seeking an order for our Client to render an account of all monies received on behalf of the Company and to transfer 33.34% of shares in another company owned by the Client.The second action was initiated by the Plaintiff to have the Company wound up.The third action aimed to join the Client's business partners (his sons) and attempted to sue our Client on behalf of the Company. In this case, we successfully argued for dismissal on a technicality, as the Plaintiff had not obtained leave to sue on behalf of the Company. The judge agreed and dismissed the action.
In the second action, we applied to strike out the winding-up petition as an abuse of court process, which the court dismissed.These cases are currently pending appeal in the Court of Appeal. They are significant as we reduced the Client's exposure from a potential US$10,000,000 to US$12,000,000, ensuring the continued operation of the family company, which employs many people and supports the community.
-Yosa led as counsel for the Client in a petition to protect its fundamental property and due process rights under the Zambian Constitution against the Ministry of Mines and Minerals Development and Madibba Resources and Exploration Limited. The Client holds a large-scale exploration licence in Kalomo district, Southern Province, issued in 2018 for four years. Complying with all licence conditions, the Client has invested over USD 500,000 in exploration activities. In 2022, the Client applied for licence renewal and to convert half of the area into a mining licence, ordering equipment worth over USD 2,000,000 in anticipation. Despite multiple assurances from the Ministry, the Client discovered in September 2023 that its renewal application was rejected and a new exploration licence was issued to Madibba over the same area. Receiving no satisfactory feedback from the Ministry, the Client initiated proceedings to protect its rights.
The case is significant as it challenges whether Zambian courts can extend fundamental rights and freedoms under the Constitution, traditionally reserved for individuals, to corporations. The decision could set a precedent, impacting the business community and legal framework in Zambia.
-Yosa led as counsel for the Client, a minority shareholder in Impala Hotels and Suites Ndola Limited (“Impala”), which also includes five pension schemes (the “Pension Schemes”) collectively holding 88.86% of Impala’s shares. Impala owns the Urban Hotel, a leading hotel in Zambia’s Copperbelt Province. Impala owed the Pension Schemes USD 1,900,000, due on December 1, 2023. To avoid default, the investment management firm, controlling the Board, proposed selling Impala’s assets to a third-party for the debt amount, risking the Client’s interests. The Client's bid to buy the debt and equity, allowing Impala to continue operating, was rejected by the Pension Schemes, which preferred selling all assets. The Client then initiated legal action for minority oppression, resulting in a consent judgment that permitted the Client to purchase the debt and equity of Impala.
This case is significant for its focus on corporate governance and the protection of minority shareholder rights.
-Yosa led as advocates of record for the Client in a legal action against former Provisional Liquidator Milingo Lungu and Lungu Simwanza & Company (the “Respondents”). KCM sought to recover over USD 81,000,000 that the liquidator had paid himself beyond the legal limits, as well as damages caused by his actions.
KCM, a major player in Zambia’s mining sector and a subsidiary of Vedanta Resources Limited, operates key assets like the Konkola Mine and the Konkola Deep Mining Project (KDMP).
This case is significant as it sets a legal precedent in corporate governance and liquidation, emphasizing the need for accountability and transparency and establishing new grounds for companies like KCM to challenge unjust remuneration and assert their rights.
English
2023 – Present
Partner, MAY and Company
2020 – 2023
Partner, Musa Dudhia and Company
2016 – 2020
Senior Associate, Simeza Sangwa & Associates
2013 – 2016
Associate, Simeza Sangwa & Associates
2012 – 2013
Legal Assistant, Simeza Sangwa & Associates
2013 University of Zambia, Bachelor of Laws (LLB), Zambia
Anjarwalla & Khanna Academy
Forensics Investigation Certification
2022 - 2022
Zambia Institute of Advanced Legal Education
Legal Practitioners’ Qualifying Exam, Zambia
2015 - 2015
University of Zambia
Bachelor of Laws (LLB), Zambia
2013
Provided by Chambers
Yosa Yosa is a known practitioner in the Zambian market with experience in dispute resolution. He is particularly well placed to handle financial disputes.
Provided by Chambers
Yosa Yosa thinks outside the box and tries to find solutions for his clients.
Yosa Yosa is very good with litigation and highly respected by his peers.
Yosa Yosa thinks outside the box and tries to find solutions for his clients.
Yosa Yosa is very good with litigation and highly respected by his peers.
