By Agness Changala
The Lusaka High Court has brushed aside an software via nominated member of parliament Raphael Nakacinda the place he used to be searching for a declaration that his expulsion from MMD used to be invalid and void.
Nakacinda had sued Elizabeth Chitika in her capability as MMD nationwide secretary, searching for an order of period in-between injunction restraining her or brokers from endured interference together with his club within the MMD.
He additionally sought after a declaration that his purported expulsion from MMD used to be unlawful via reason why of procedural impropriety and absolute defiance of the established laws of herbal Justice.
But High Court pass judgement on Pixie Yangailo dominated that she may just now not grant Nakachinda an injunction when he used to be already expelled from the MMD birthday party.
“It is common knowledge that when the matter of the plaintiff’s expulsion was debated in Parliament on June, 2020, the speaker ruled that he does not sit as an MMD member but rather as a PF nominee. This has not been disputed by the plaintiff. Looking at the pleadings herein, the plaintiff had already been expelled from the MMD party,” dominated pass judgement on Yangailo.
She stated from the government she checked out, she used to be guided that the place an individual used to be expelled from a political birthday party, there used to be not anything to restrain in terms of the club of the birthday party.
Judge Yangailo stated granting the injunction sought via Nakachinda would corresponding to restoring his memembership of the MMD birthday party, would disturb the established order.
“The plaintiff stands expelled until the court rules otherwise and in my view, the injunction sought cannot be issued to restrain an event that has already occurred. Accordingly, I do not find that the plaintiff’s application for interim injunction has merit,” Judge Yangailo stated.
“For the going reasons and having given due consideration to the affidavit evidence or record, I do not find that this is a case where it would be proper for this court to exercise its discretion by granting an interim injunction as claimed by the plaintiff. Accordingly, the application is dismissed with costs to the defendant, to be taxed in default of agreement,” dominated pass judgement on Yangailo. – Daily Revelation