HIGH COURT RECOGNISES NAKACINDA AS PF SG

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7766
PF

by Amb. Emmanuel Mwamba

NAKACINDA IS PF SG

MILES SAMPA’S PRELIMINARY QUEST TO DISMISS PF CASE THROWN OUT

●…Sampa’s application to remove Nakacinda on the basis that he had no locus standi dismissed..

●..However Judge Chocho dismisses PF Injunction on the basis that matters before Judge Timothy Katenekwa which gave an injunction to Miles Sampa were not disclosed…

●…Matter adjourned to 30th January 2024 for Scheduling Conference for the main matter…

The Lusaka High Court has dismissed a preliminary application by expelled Matero Member of Parliament, Miles Sampa in which he wanted the Court to dismiss the action against his so-called Extra-Ordinary General Conference.

The Court has also dismissed the application in which Sampa sought to have the matter dismissed on the basis that Raphael Nakacinda had no locus standi (or basis) was thrown out.

Judge Situmbeko Chocho delivered her ruling on 15th January 2024.

She has since adjourned the matter to 30th January 2024 for the Scheduling Conference.

This Ruling is in respect of the application in which the Sampa
sought the following Orders;

(a) That the Exparte Injunction obtained by the Plaintiff on 25th
October, 2023 be discharged.

(b) That the Plaintiffs action be dismissed on a point of law as it was an alleged abuse of court process as Raphael Nakacinda was not properly appointed as Secretary General by Acting President, Given Lubinda.

(c) and that the Plaintiff ( Raphael Nakacinda) had no locus standi to bring the action before Court.

In her ruling, Judge Chocho stated that it was not for her Court, at this time to consider and/ or give its position on the holding of the so-called Extra Ordinary General Conference,
which is the main dispute in the matter.

She ruled that the question of the legality/otherwise of the Extra Ordinary Conference will be
determined at trial.

CONCLUSION

The Defendant’s Preliminary Issue as seeks to remove the 1st
Plaintiff( Rapaheal Nakacinda) in his capacity as Secretary General on basis of locus standi, is dismissed/denied.

However the Injunction under this cause dated October 25t, 2023 and discharged on the October 25, 2023 exparte, remains discharged.

The matter is to come up on the 30th January, 2023 at 08:00 hours for the issuance of Orders for Directions and Scheduling Conference.

Judge Chocho has also granted leave to appeal.

Delivered at Lusaka on 15th January, 2024.

6 COMMENTS

  1. I have faith in our judiciary. Yes Hakainde will fire some judges for not obeying illegal instructions here and there, but the judiciary is still sound.

    This Hakainde/Sampa partnership in bed has failed to reach orgasm. If anything, it has been premature ejaculation.

    • Indigo Tryol you have been warned several times not to involve HH in PF feud. Coz you are a fool and incorrigible PF S*tanyoko you have continued spewing matuvi against innocent leader. We shall continue rebutting your sh*t against the President iwr PF idiot.

  2. Silly. When Judiciary rules in your favor, then the Judiciary is functional. When the same Judiciary rules against you, it’s controlled by HH. Which one is which? The problem is you. Either you have faith in judicial institutions or you don’t. Oppositon can’t have it both ways.

    • Hahahaha.

      Do not be bitter bosses. You win some, you lose some. He is not rich enough to buy all the judges. But truth be told, some people can not be bought at all. They will take the fat brown envelope and shove it up a cow’s ass. We can not be bought some of us.

      • Indigo Tryol who can buy unappealing PF idiot like you Makaka iwe? You are too cheap to sale PF idiot iwe. HH is not accountable to you PF criminal. I submit!

  3. I perceive that all obsessions and addictions are synonymous and indistinguishable, including that on Crack, Cocaine and Heroine!! And the symptoms are uniform.

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