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The Economic and Financial Crimes Court (EFCC) has refused to stay the forfeiture of Tasila Lungu’s K8 million farm in Sinda District to the state, pending the outcome of her appeal to the Court of Appeal.
Judges Susan Wanjelani, Pixie Yangailo, and Vincent Siloka denied Tasila, the daughter of former President Edgar Lungu, her application to delay the enforcement of a judgment declaring the farm as tainted property.
The judges ruled that a stay of execution is a discretionary measure granted only in exceptional circumstances, which Tasila had failed to demonstrate.
They referenced the precedent set in Richard M. Chizyuka and Betty Chizyuka vs. Credit Bank, underscoring the high threshold for granting such relief.
“After reviewing the grounds of appeal, we find no prospects of success. The grounds do not disclose sufficient merit, particularly in light of the facts and authorities cited in the original judgment,” the judges stated.
They further held that the affidavit evidence provided by Tasila did not reveal any special circumstances justifying a stay of execution.
“It is our considered view that the applicant has not adduced any special circumstances that would justify the exercise of discretion to grant a stay of execution of the judgment dated September 17, 2024.
The request for a stay of execution is declined,” the court ruled.
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