Thursday, December 06, 2012

Nevers asks court to dismiss Kachingwe's application

Nevers asks court to dismiss Kachingwe's application
By Namatama Mundia
Thu 06 Dec. 2012, 12:50 CAT

MMD president Nevers Mumba yesterday asked the Lusaka High Court to dismiss the action taken against him by party national secretary Major Richard Kachingwe on the ground that he is no longer an MMD member.

Maj Kachingwe has taken Mumba to court over the ongoing leadership wrangles in the former ruling party, and has since asked the court to restrain Mumba from performing his duties and functions as party president because he is unqualified.

In a statement of claim filed in the Lusaka High Court principal registry on Monday by Maj Kachingwe's lawyer, Hobday Kabwe, Maj Kachingwe said the court should declare Mumba's election as MMD president null and void.

He said this was on the ground that Mumba was at the time of the election a person not qualified for election to the position of president of the party.

When the injunction matter came up for inter partes hearing before Lusaka High Court judge in-charge Jane Kabuka yesterday, Kabwe said Mumba's lawyer, Macabi Zulu had an application to make.
Zulu told the court that they wanted to raise a preliminary issue, which they had served on Maj Kachingwe.

"Take note that the defendant by his counsel intends to raise a preliminary issue on a point of law, whether the plaintiff can commence and/or continue proceedings in this matter (a) when he is no longer a member of MMD, (b) without the consent, approval and/or sanctioning of the national executive committee of MMD, (c) on these premise the defendant will pray that this matter be dismissed with costs," the notice to raise a preliminary issue read in part.

Zulu asked for an adjournment to give Maj Kachingwe's lawyer, Kabwe, ample time to consider the preliminary issues they had raised.

Kabwe did not object to the application for adjournment on the ground that there was also an application by other interested parties to be joined to this action, which had also been filed and eventually served on both parties.

"Since they wish to give us time to respond to the preliminary issue, we will also give them time to respond to the other application by the interested parties. So we have no objection to the application since it is mutually beneficial," said Kabwe.

Judge Kabuka said that on the request of the advocates of both parties and to accommodate the application by interested parties, which was not yet on the record, the matter would be adjourned to December 13, 2012 for hearing.

Maj Kachingwe in his statement of claim filed in court prayed for an order to declare the invalidation of Mumba's election as MMD president as valid and a further order to quash and cancel any instructions, directions and decisions made or given by Mumba on or about November 30, 2012 or shortly thereafter purporting to expel him from the MMD.

"An order or injunction to restrain the defendant until final determination of the matter for the time being or until further order of the court from performing or purporting to perform the functions and duties of the party presidency, or acting and/or purporting to act as party president for the MMD," stated Maj Kachingwe.

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