Mumba seeks dismissal of Nakachinda’s petition

By Staff Reporter

 

NEVERS Mumba’s lawyer Jeah Madaika has urged the Constitutional Court to dismiss a petition which Raphael Nakacinda filed seeking a declaration that MMD faction leader Felix Mutati was the party’s legal president.

Madaika told judges Hildah Chibomba sitting with judges Annie Sitali, Mungeni Mulenga, Palan Mulonda and Enock Mulembe when the case came up for hearing of a preliminary issue seeking dismissal of the petition by Nakacinda as it was a duplication.

 

He submitted that the contents of the petition and the case before the High Court showed that the petitioner was seeking the same remedy as they both bordered on the MMD convention which was held in Kabwe from May 20 to May 22 in 2016.

But Nakacinda’s lawyer Joseph Jalasi urged the court not to dismiss the petition because the Constitutional Court was the right forum to hear the case.

Jalasi said the High Court and both the Court of Appeal and Supreme Court confirmed that the Constitutional Court was the right court to hear the petition.

Nakacinda in this petition cited Mumba, Winnie Zaloumis, Elizabeth Chitika Mulobeka, Lisa Pasi, Georgina Mutale and Bwalya Lengwe but Mumba asked the court to dismiss it for being an abuse of the court process.

The court will render its ruling on January 25.