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.
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.