PF TELLS COURT TO DISMISS SAMPA’S STAY APPLICATION
MUTOTWE Kafwaya and others have opposed Miles Sampa's application to stay proceedings pending appeal in the matter in which his election as Patriotic Front (PF) president is being challenged.
Mr Kafwaya argued that staying proceedings would delay the conclusion of the matter.
Mr Sampa filed an application in the Lusaka High Court asking Judge Situmbeko Chocho to stay proceedings in a matter Mr Raphael Nakacinda, Mr Kafwaya, Mr
Greyford Monde and Mr Brian Mundubile are challenging his election as PF president. On January 29, 2024, Mr Sampa filed a memorandum of appeal into the Court of Appeal, contending that Judge Chocho erred in fact and law when she failed to pronounce herself on the issue of locus standi in relation to Mr Nakacinda.
He argued that Mr Nakacinda had no locus standi to commence an action on behalf of the PF as he was illegally appointed as Secretary General by the acting president, Mr Given Lubinda.
In opposition to the application, Mr Kafwaya said the issue of the first plaintiff (Mr Nakacinda) was addressed by the Court in the ruling, thus, the appeal had no prospects of success.
"That the appeal by the defendant does not hinder the continuation of these proceedings against the second (Mr Monde), third (Mr Kafwaya) and fourth (Mr Mundubile) plaintiffs. Additionally, the reliefs sought by these plaintiffs will not be negated by the defendant's challenge to the competence of the first plaintiff on appeal," he submitted.
Mr Kafwaya urged the court to dismiss the application as halting the case would impede proceedings and delay its conclusion.