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Judge Describes PF Presidency Applications As Time-Wasting
Edgar Lungu’s Arrival In Mansa
Lusaka High Court judge Mungeni Mulenga says lawyers representing Miles Sampa and his colleagues who questioned a consent judgment in which she declared Edgar Lungu as PF president are just wasting her time by raising misconceived and hopeless applications.
But ex-justice minister Sebastian Zulu, who is representing Sampa and two others, has insisted that judge Mulenga was wrong at law to have dismissed the application to join them to the consent judgment matter before hearing them.
This is in a matter where Sampa, who was elected as PF president during the party’s second general conference in Kabwe last week, Kasama PF member of parliament Geoffrey Mwamba and Captain Seleman Banda Phangula, applied to be joined to judge Mulenga’s consent judgment matter as interveners. The trio sued PF national chairperson Inonge Wina and recently appointed secretary general Davies Chama, upon whose ‘action’ judge Mulenga granted the consent judgment last Wednesday. Judge Mulenga in her ruling delivered last Friday said inasmuch as the application to be joined to the proceedings was made inter-partes, she would summarily determine it on her own motion considering that it appeared misconceived. “I note that it is meant to waste the court’s time,” she said. “A party can only be joined to proceedings at or before the hearing or determination of a suit.
In this case, the intended interveners are aware that this matter was finally determined by the execution of the consent judgment on 3rd December 2014.” Judge Mulenga said such an application could not be entertained at that stage because Sampa and the others wanted to re-open a matter that had already been settled by her consent judgment.
“The intended interveners were also fully aware of the proceedings and chose not to join or make this application at the appropriate time before the matter was fully determined,” said judge Mulenga. “This application is therefore incompetent at this stage and is dismissed on lacking merit. Counsels owe a duty to the court to advise their clients appropriately as they know the implications of a consent judgment and the proper mode for challenging the same instead of making hopeless and vexatious applications.” But Sampa and the others, through Zulu, have wholesomely challenged judge Mulenga’s holding before the Supreme Court.
“The learned trial judge misdirected herself by holding that the intended interveners, herein the appellants, are incompetent to apply to be added as defendants and may not re-open the matter which was fully determined by the consent judgment and that the application is dismissed as lacking merit,” Zulu’s memorandum of appeal read.
“The learned trial judge was wrong at law by dismissing the application by the appellants to be added as defendants in their absence and without giving them an opportunity to be heard.” They submitted that judge Mulenga also misdirected herself when she held that she had inherent jurisdiction not to hear the parties on inter-partes application, which she decided had no merit and was meant to waste the court’s time.
Zulu is today expected to file in the Supreme Court the record of appeal and heads of argument pending determination of the matter.
Posted by Kunda
on December 9, 2014. Filed under LATEST NEWS.
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truth
December 9, 2014 at 9:55 pm
THIS JUDGE IS JUST FROM EL ‘S CAMP,WHICH TIME AS IF ITS YO TIME.U A THEIR TO WORK NOT TO WORRY ON TIME THAT MEANS U ARE FAVOURING LUNGU.THATS THE PROBLEM OF HAVING CADRES AS JUDGE
kaimbi
December 10, 2014 at 12:24 am
drama drama
December 9, 2014 at 10:12 pm
Poems by Eyan Desir
… Politicians!
Educated heads
Sitting in parliament
Or heads wanting power
The power to serve
And Govern human lives
Heads with great intellect
Songs for prosperity
Answers for poverty
Heads that claim honesty
Loyalty to our land
In times of elections
Watch a cunning smile
Hear intelligent lies
Many amazing words
Flow from articulate
Political tongues
Beautiful promises
Of a sweet tomorrow
Makes hearts fall as victims
To political bait
Many use these illusions
To invigorate minds
And to capture the prize
In the river of time
When they are elected
We finally see
The true Identity
Of the Politicians
-source
Cool temple
December 9, 2014 at 10:44 pm
Sebastian. Zulu shut. The f……..k. Up
Tumweko
December 10, 2014 at 12:14 am
I think the judgement Mungeni was flawed, not ideal to have such judges in a democratic country. This is a clear example of abuse of the law
ZAMBIAN
December 10, 2014 at 4:27 am
The judge was right those idiots failed to show up on the 29th & 30th Nov , they thot they were clever & opted to cal for an illegal g c. infact they shuld b held for contept. we cnt trust jokers like them.
DIP STICK
December 10, 2014 at 8:36 am
SO GOOD THERE ARE PEOPLE LIKE YOU ZAMBIAN WHO SEE THINGS THE WAY THEY ARE.
hamweene
December 10, 2014 at 5:29 am
This shud be a lesson to those who want to submerge the will of the pipo. The best sampa can do is to join lungu as this will show that he is nolonger controlled by cartel
monde
December 10, 2014 at 5:40 am
Do you know what was going to hapen if the cartel or the Hu Hu.. won presidency? Thank God becoz you know us better. Zambians its lungu who doesnt know the tribe. Bembas watchout alefwaya ukwisa mukumwipaya
abel
December 10, 2014 at 6:17 am
ba sampa time is going and the high court is saying yu re wastiing time’ then why cant yu form your on party? may be yu can be de next prrsident. yu never know . to me I know that the supreme court will up hold de ruling of high court.
Jimmy
December 10, 2014 at 7:31 am
Supreme court will only sit June.Agony is waiting Ka Sampa Hakainde!
afcon phiri
December 10, 2014 at 8:22 am
THERE IS A STRONG RUMOUR THE JUDGE THAT RULED IN PF PRESIDENTIAL ELECTION CASE IS RELATED TO EDGAR LUNGU.
SO THE RULING WAS NOT PROFFESSIONAL AND CREDIBLE. NO FACTS WERE CONSIDERED BECOZ THE JUDGE IS RELATED TO EDGAR.
BBC
December 10, 2014 at 9:39 am
I like bembas and easterners. A Bemba judge rules in favour of Lungu whereas the mighty Sample is represented by Sebastian Zulu. Bembas differ on their. Easterners differ on their own. But other tribes, awe sure, even if one is wrong, they will still support that person.
CHILANKALIPA
December 10, 2014 at 9:43 am
People from the Copperbelt legal fraternity were just shocked when this incompetent woman was appointed as Judge, now she has gone all the way to prove that she is unprofessional and can subvert justice with impunity.
CHILANKALIPA
December 10, 2014 at 10:00 am
What happened to Philip Musonda will surely catch up with her.
zakeyo
December 10, 2014 at 2:57 pm
Time wasting indeed! But good for State council Sebastian Zulu to make some money from abena Sampa!
IF NOT
December 10, 2014 at 3:11 pm
Does Sampa know when and how supreme courting sittings take place?