THE High Court has dismissed an interim injunction which was granted to suspended MMD president Nevers Mumba stopping party national secretary Muhabi Lungu from interfering with his duties as leader.
And the High Court has dismissed an application by suspended MMD president Nevers Mumba where he has asked the court to cite party national secretary Muhabi Lungu for contempt of court.
Mr Mumba applied for an interlocutory injunction to restrain Mr Lungu from interfering with the smooth running of the office and function of party president.
In his ruling, High Court judge Chalwe Mchenga said he failed to find the scope of an injunction that stops Mr Lungu from interfering with the smooth running of the office and functions of the party president given that he is a party functionary with a number of responsibilities.
“The party constitution vests both the plaintiff and the defendant with various responsibilities and decision-making roles,” Justice Mchenga said.
He said there was an absence of particulars of the ‘mischief’ Dr Mumba seeks to forestall during the subsistence of the injunction and that he could not state in definite terms what Mr Lungu is precluded from doing.
He also said the court cannot grant an injunction in general terms because Mr Lungu cannot be held responsible for failing to comply with a prohibition that has not been specifically spelt out.
In the other case, Dr Mumba filed a notice of motion of committal and affidavit in support of summons for leave to commence contempt of court proceedings against Mr Lungu and Chembe Nyangu.
In his ruling, High Court Judge Chalwe Mchenga dismissed the application noting that the issues complained of were not specifically prescribed by the injunction.
Justice Mchenga said the injunction was drawn in very general terms, further declining to commence contempt proceedings.
Dr Mumba’s lawyers refused to comment ,saying they would issue a statement later.
Zambia Daily Mail