Court throws out application by lawmaker Mundubile, says it encourages multiplicity of action

Another quest to stop Miles Sampa from parading as Patriotic Front (PF) president has failed after the Lusaka High Court threw out an application for an injunction filed by Mporokoso Member of Parliament, Brian Mundubile.

The court has further halted the proceedings commenced by Mundubile until the matter in which Secretary General of the old PF party, Raphael Nakacinda, was concluded before the same court.

This is according to a ruling rendered by Justice Situmbeko Chocho on Friday.

Read more: Trouble brews in parliament, as Leader of Opposition, Mundubile, vows to resist moves to suspend PF members (video)

In this matter, Mundubile, ousted leader of the opposition filed a lawsuit in the Lusaka High Court earlier challenging the election of Sampa as PF president and appointment of Morgan Ng’onga as Secretary General of the party, replacing Nakacinda.

The litigant is questioning the legality of the extraordinary conference hosted at Mulungushi Conference Centre on October24, 2023 .

He also cited Nakacinda and the Registrar of Societies as other defendants in the case.

Mundubile applied for an injunction against Sampa and Ng’onga as an interim measure pending determination of the action.

But Judge Chocho could not grant the injunction as it would encourage multiplicity of actions.

She was of the view that Mundubile was seeking similar reliefs as in the case commenced by Nakacinda.

“The facts surrounding this matter are similar to the facts under cause 2023/HP/1866 ,which cause is before this court. I find that the issues ,facts and most importantly question of the provisions of the PF party constitution, the alleged illegality of the extra ordinary conference are similar in the two matters . The relief claimed in both these matters arise out of the same transaction or event.” she said.

Justice Chocho halted the proceedings which she said was not prejudicial under determination of the case filed by Nakacinda.

She stated that Mundubile was at liberty to apply for joinder in the Nakacinda case.

Last week, Judge Chocho discharged the injunction granted to Nakacinda which barred Sampa from holding himself as party president.

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