ANALYSIS OF THE EX-PARTE ORDER OF INJUNCTION: MORGAN NG’ONA VS. BRENDA NYIRENDA
By Dr Charles Sinkala
The recent ex-parte order of injunction issued by the High Court of Zambia in the case of Morgan Ng’ona vs. Brenda Nyirenda has significant implications for the Patriotic Front Party. In this article, we will analyze the order and its potential consequences, referencing relevant legal instruments and case law.
The order, dated November 12, 2025, restrains Brenda Nyirenda, the purported Acting Secretary General of the Patriotic Front Party, from occupying the party secretariat, using party materials, and holding herself out as a leader of the party. The order was granted ex-parte, meaning that it was issued without a hearing from the defendant, pursuant to Order 39 Rule 1 and 2 of the Civil Procedure Rules, Cap 27 of the Laws of Zambia.
The order is based on the plaintiff’s affidavit, which alleged that Nyirenda’s actions were causing harm to the party. The court, having heard the plaintiff’s counsel and reviewed the affidavit, found sufficient grounds to grant the injunction, as required by Section 13(1) of the High Court Act, Cap 27 of the Laws of Zambia. The court’s decision is also guided by the principles enunciated in the case of Hubbard v. Vosper [1972] 2 QB 84, where the court held that an ex-parte injunction may be granted where there is a real risk of injustice if the defendant is given notice.
The order effectively bars Nyirenda from performing her duties as Acting Secretary General, potentially creating a leadership vacuum within the party. The order also prohibits her from using party materials, including letterheads and receipts, which could disrupt the party’s operations. This is in line with the principles of American Cyanamid Co. v. Ethicon Ltd. [1975] AC 396, where the court held that the court must consider the balance of convenience when granting an injunction
The next step in this case is the inter-partes hearing, scheduled for 3 December 2025, where both parties will be heard. The court will then determine whether to continue or discharge the injunction, as required by Order 39 Rule 4 of the Civil Procedure Rules.
The ex-parte order of injunction has significant implications for the Patriotic Front Party and its leadership. As the case proceeds, it is essential to ensure that the rights of all parties are protected and that the rule of law is upheld. The outcome of this case will be closely watched, and its impact on the party’s leadership and operations will be significant.
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Which leadership vacuum?
There is a registered Secretary General of PF. Brenda Nyirenda is acting illegally.
LUNGU killed that party by holding it to ransom. If he was clever he would have it to Miles. This time there wouldn’t be all this confusion.
PF had bad timing and the right to hold documents slipped from there hands.
Bottom down their heart they know they made A MISTAKE. DELAY IN EVERY VENTURE IS FATAL.
PF are crushed and NEVER to rise again.
The Sampa Presidence of the independence day and the expulsions of each other has reached out PF at this stage.The PF were to hold a convention and Morgan Ng’ona and honourable Chabinga would not be allowed to participate I presume.In his own rights he thought of an injunction to restrain the convention from taking place .And the court within it’s jurisdictions did that and gave a date to hear the matter.This is the only fair way to resolve the case.All have rights to be heard.No blame game for now.
Can you even analyze any thing coming out of Courts on the Patriotic Front in Hakainde’s Zambia? It’s a waste of time.
The Injunction given to Akakunkubiti will never be heard Inter Parte. Come the appointed day, there will be preliminary issues, and these will ofcourse be entertained, and the case will be adjourned to January…to be adjourned again to September. There won’t be any Ruling in our lifetime.
The respondents can file in their side of the story, but it’s just an academic excercise.
There’s no Court in Hakainde’s Zambia which will hear and rule on PF cases.
From Hon Judge Timothy Katenekwa, Hon Judge Chocho Situmbeko, Hon Judge Sililo Siloka, Hon Judge Conceptor Chinyama, and many others, it’s just the same… Preliminary issues after preliminary Issues, and no Substantive case heard.
For the Case before Hon Judge Conceptor Chinyama, the Consent Order application was filled in April,2025. The Court couldn’t grant the Consent Order, and 5 months later, it’s sent to a full trial! And the adjournments begin.
Only a f@@l can spend time analyzing what comes from our Courts on PF in Hakainde’s Zambia.
This is no longer a Court Issue, it’s a Political Issue, requiring a political Solution.