High court judge dismisses Musenge’s case against Kambwili
By Staff Reporter
LUSAKA High Court judge Ruth Chibbabuka has thrown out a case in which Mwenya Musenge was seeking an order of injunction to restrain Chishimba Kambwili from portraying himself as National Democratic Congress party president.
Judge Chibbabuka dismissed the case lodged by Musenge against Kambwili and NDC secretary general Bridget Atanga because he does not have locus standi on which to commence the action whether for and on behalf of the party or in personam.
The judge said this in her ruling on preliminary issues raised by Atanga in which she urged the court to dismiss the case on ground among others, that Musenge used an inoperative constitution to sue them when there was a new one.
Musenge was also seeking an order for the nullification of the proceedings of the meeting held on April 18, 2019 for being illegal.
He also contended that no presidential election have taken place in the party and as such, all decisions made by Kambwili in his capacity as president are null and void.
But Atanga raised issues that Musenge did not also have locus standi to sue.
Judge Chibbabuka said from the affidavit evidence before her, at the time Musenge commenced the action, there was no valid constitution in place as the requisite meeting by the NDC party to adopt the same had not yet taken place.
“It goes without saying therefore, that the plaintiff does not have locus standi on which to commence this action whether for and on behalf of the party or in personam,” she added.
Judge Chibbabuka said the preliminary issues raised have merit and dismissed the case.
She however, did not make orders as to costs.
