JUDGE KATENEKWA ON SAMPA’S REQUEST FOR CONTEMPT PROCEEDINGS AGAINST PF OFFICIALS
Miles Sampa’s lawyers have sought an adjournment to enable them apply to the High Court to implement substitute service.
When the matter came up, Sampa’s lawyers Iven Levi Legal Practitioners claimed that they had failed to serve the PF officials cited for contempt as they were allegedly evading service.
Lawyers for the Patriotic Front Jonas Zimba also informed that they too had contempt proceedings against Miles Sampa.
Judge Katenekwa adjourned the matter to 21st April 2023 at 09,30hrs.
Details
■ Be granted access to affidavit of service, if contention exist, such application must be made. There was time to verify facts and applicants were allowed to proceed. The respondents slept on their rights and therefore can’t be reopened. Will proceed with application.
■ personal service must be followed by Rules of the Supreme Court 52. Personal Service may not be possible or feasible, the applicants must apply before court such as substitute service.
Such an application can be made ex-parte. The law allows the party to apply to court.
■ It is open to the applicants to file for substitute service.
■
MILES SAMPA’S CASE IN HIGH COURT
Details so far…
Lusaka- Monday, 20th March 2023
The case in which Matero MP, Miles Sampa has sued Patriotic Front Acting Secretary General, Nixon Chilangwa and Acting President Given Lubinda came up today before Lusaka High Court Judge, Timothy Katenekwa.
Earlier Sampa had sought to cite senior officials of the party with contempt proceedings.
However Sampa’s lawyers have so far failed to serve the summons to the PF officials.
They have applied for what is called “substitute service” in which the case could proceed if lawyers for the PF officials could receive the contempt summons on their behalf.
They alleged that the PF officials were evading service.
The rules regarding commital of contempt proceedings require that the plaintiff’s lawyers serve those cited for contempt in person.
When the matter came up on 3rd March 2023 Sampa’s lawyers claimed that they were unable to serve the officials.
Sampa is being represented by Iven Levi Legal Practitioners while the PF is being represented by Jonas Zimba of Makebi Zulu Advocates.
When the matter came up for hearing, lawyers argued on the merit of the contempt proceedings to set aside the motion for committal of contempt proceedings.
The main matter in which Sampa is challenging his six weeks suspension and the legitimacy of the two officials has NOT started yet as the Court was hearing a preliminary issue of contempt proceedings.
DETAILS LATER AS MATTER CONTINUES IN CHAMBERS