Musenge prays that injunction be granted to stop Kambwili, Atanga
By Staff Reporter
MWENYA Musenge has submitted before the Lusaka High Court that if it does not restrain Chishimba Kambwili from portraying himself as National Democratic Congress president, the party he worked so hard for will be negatively impacted.
He also argued that the damages caused on him by Kambwili and party secretary general Bridget Atanga could not be atoned for through the award of damages but an injunction.
“If I can be fully compensated by an award of damages, no injunction should be granted at all. In this matter, damages cannot atone for the damage I have suffered as a result of the decision made by the defendants which is contrary to the party constitution,” he stated in his documents filed in court.
Musenge sued Kambwili and Atanga, seeking an injunction and order that Kambwili should not carry himself as president and that all appointments made on April 18 should be nullified.
He wants the court to order that he was the rightful secretary general of NDC and not Atanga.
And Musenge has submitted that Kambwili and Atanga have embarked on contravening the party constitution and making appointments which if left unrestrained will negatively impact the party.
He stated that the mere fact that there was a dispute between him and the defendants as to who should be at the helm of the party was evident that he had an arguable case.
Musenge further stated that the statement of claim will show that there is a dispute between him and the defendants which the court needs to determine at trial.
He urged the court to exercise its jurisdiction by restraining Kambwili and Atanga either by themselves or their agents from continuing to convene meetings, making various appointments within the party until final determination of the matter or further orders by the court.
Musenge prayed that the order of interim injunction be granted in his favour in order to protect him from irreparable injury arising out of the defendant’s illegal disruption of the party and abrogation of the party constitution and the invalid various appointments made.