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The Lusaka High Court has dismissed fugitive Emmanuel Jay Banda’s case against Presidential aides, Levy Ngoma and Clayson Hamasaka, due to lack of prosecution.
In a ruling delivered by Justice Mwape Bowa, the court ordered the dismissal of Banda’s application for a conservatory order, along with the main petition, citing failure to prosecute.
Costs are to be taxed in default of agreement.
Justice Bowa explained that the case had been removed from the active cause list on August 30, 2024, with the option to restore it.
On September 10, 2024, Banda’s counsel applied to reinstate the matter, which was heard ex parte on September 23, 2024.
Previously, on June 25, 2024, Justice Bowa had directed that the petition be heard between September 30 and October 4, 2024, starting at 09:00 hours.
Upon granting the restoration request, these dates were reaffirmed, with the hearing for the conservatory order set for September 30, 2024.
However, on that date, none of the parties appeared in court, and no reasons were given for their absence.
Read More: Fugitive lawmaker, Banda, seeks restoration of case against State House officials
The case was adjourned to October 1, 2024, but once again, no parties were present.
Banda, the Petauke Central Member of Parliament, had accused Ngoma and Hamasaka, along with UPND member Trevor Mwiinde, of orchestrating his abduction.
The respondents denied these allegations, claiming they were baseless and politically motivated.
Despite these denials, Banda’s legal team, Makebi Zulu Advocates, argued that his alleged mistreatment violated his constitutional rights under Articles 11(a), 13, and 15 of the Zambian Constitution.
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