Court of Appeal dismisses Kambwili’s appeal
By Staff Reporter
Chishimba Kambwili has lost his appeal case with costs in the Court of Appeal against the High Court decision to dismiss on technicality the matter where he was challenging his expulsion from the ruling Patriotic Front.
High court judge Mapani Kawimbe dismissed Kambwili ‘s case challenging his expulsion for want of prosecution after the former Roan member of parliament did not comply with the court orders.
But Kambwili appealed to the Court of Appeal against the High Court’s decision to throw out his case.
On January 29, 2019, the PF through Lusaka lawyer Milingo Lungu urged the court to dismiss the case again on grounds that Kambwili failed to file a record of appeal within the prevailed period of 60 days according to Order X Rule 6 of the Court of Appeal Rules of 2016.
Kambwili on December 24, 2018 applied for extension of time within which to file his record of appeal and he was granted an extension of 30 days from December 27 but to date, no record of appeal had been filed.
Kambwili’s lawyer Precious Mukwemba on February 5 filed an affidavit in which she claimed that the appellant was not aware that an order for extension of time was granted by the court as they had never received or been served with it.
The lawyer submitted that they had gone on Christmas vacation and returned on January 7.
And when the case came up for hearing on March 4, only PF lawyers led by Lungu were present and the court proceeded to hear them.
Lungu argued that it was Kambwili’s responsibility to follow up the application for extension of time, saying that the excuse that they were on vacation was lame.
In her ruling, Court of Appeal judge Catherine Makungu agreed entirely with Lungu that it was incumbent upon Kambwili’s lawyers to follow up the ex-parte application they made for extension of time but they neglected to do so.
“In my view, the appellant and his advocates are just playing delaying tactics. They cannot be excused for finding it more important to go on vacation instead of checking on the application for extension of time. I actually ensured that the ex-parte order was placed in the appellant advocated pigeon hole at the registry,” she said.
Judge Makungu said she finds the delay in filing the record of appeal and heads of arguments inexcusable and dismissed the appeal for want of prosecution with costs which may be agreed upon or taxed.
Last week, Speaker Patrick Matibini declared the Roan parliamentary seat held by Kambwili vacant.
