Friday December 12, 2014 NEVERS GOES TO SUPREME COURT SUSPENDED MMD president Nevers Mumba has appealed to the Supreme Court against the decision of the High Court to throw out his interim injunction he sought to restrain party national secretary Muhabi Lungu from interfering in the running of office of party president. On Wednesday, High Court judge Chalwe Mchenga discharged an interim injunction sought by Dr Mumba saying he should have set out, in definite terms, what Mr Lungu should be precluded from doing by the injunction he sought. In his memorandum of appeal filed in the Supreme Court, Dr Mumba said High Court Judge Chalwe Mchenga fundamentally erred in law and fact by wholesomely suggesting that the interlocutory injunction Dr Mumba sought had not stated whether it related to the disciplinary proceedings or the party’s presidential campaigns. This was in a matter in which Dr Mumba sought an interim injunction against Mr Lungu for interfering in the smooth operations of the office of the party president. “The learned judge in the court fundamentally erred in law and fact by wholesomely concluding that the interlocutory injunction the appellant sought had not disclosed whether it related to the disciplinary proceedings or the party’s presidential campaigns by only taking a narrow look at the contents of the ex parte order injunction when the decision of the learned trial judge ought to have taken into account all the contents of the supporting affidavits to arrive at the ruling,” Dr Mumba said. He said the judge erred in both law and fact when he held that Dr Mumba’s ex parte order of interim injunction could not be confirmed on grounds that he had not furnished the parameters of the interference with smooth running of the office of the president of MMD. “The learned judge in the court erred in both law and fact when he held that the appellant’s ex parte order of interim injunction could not be confirmed on grounds that appellant had not furnished the parameters of the interference with the smooth running of the office of the president of MMD in the face of abundant undisputed evidence on record showing that the appellant had been suspended from his office and could not therefore perform his functions as president while the suspension is still in force and hence the parameters related to that illegal suspension,” he said. Dr Mumba said Mr Justice Mchenga erred in both law and fact when he held that Mr Lungu could not be held responsible for failing to comply with a prohibition that was not specifically spelt out in the face of evidence. “The learned judge in the court erred in both law and fact when held that the respondent could not be held responsibility for failing to comply with a prohibition that was not specifically spelt out in the face of evidence showing that the prohibition related to implementing the resolutions of the disputed NEC meeting which meeting purported to inter alias suspend the appellant as MMD president and therefore presidential candidate and the NEC purported to adopt Mr Rupiah Bwezani Banda as the MMD presidential candidate,” Dr Mumba said. In the certificate of urgency, Dr Mumba’s lawyer, Friday Besa, said this matter was urgent and should be heard immediately, if not so, his client would suffer injury.
Posted on: Fri, 12 Dec 2014 11:36:36 +0000
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