MILES SAMPA VS PATRIOTIC FRONT
…Lusaka High Court directs Sampa’s lawyers to serve court documents , adjourns the matter to allow them to serve documents to Lubinda and others…
Lusaka-Friday, 3rd March 2023
The matter in which suspended Patriotic Front member ,Miles Sampa sued the party has come up today before Lusaka High Court Judge, Timothy Katenekwa.
The court started by hearing a preliminary application of contempt of proceedings raised by Mr. Sampa against PF Acting President, Hon. Given Lubinda, PF Acting Secretary General, Hon. Nixon. Chilangwa and party Chairperson for Information and Publicity Raphael Nakacinda.
Lawyers for the trio, Jonas Zimba raised a preliminary issue requesting the court to dismiss the application as his clients were NOT served any court documents by Sampa’s lawyers.
In making a ruling, judge Katenekwa ruled that Rules of Court Order 52(3)(2) provides that there should be personal service in a matter of contempt and failure to do so may be fatal to the proceedings.
Sampa’s lawyer argued that the lack or failure of service was not necessarily fatal and cited the same rule.
Judge Katenekwa ruled that in matters of contempt proeedings, there have serious consequences such as depriving the contemni freedoms and it was therefore imperative that perons cited must be served the documents without fail.
He ruled that the provision of the rules of the court was not complied with as admitted by Sampa’s lawyers.
He ruled that It is prejudicial to the party.
He stated that in deciding an application for contempt, there is consideration as there are other parties involved such as the office of Director of Public Prosecutions.
He stated that the system of adminstration of Justice must not be compromised.
To this effect, the Court ruled that costs associated with the contempt application will be borne by Mr. Sampa.
The Court has therefore rendered an adjournment to allow Sampa’s lawyers to serve the defendants.
The matter comes up on 20th March 2023.
The Patriotic Front was represented by Mr. Jonas Zimba from Makebi Zulu and Mr. Sampa was represented by Major (rtd) Lifunana, Mr. Ivane Mukenga and Mr. Levi Banda from Iven Levi Legal Practitioners.