Serial litigant at it again

SERIAL litigant Ignatius Masamba, who was barred from suing anyone in relation to several specific court disputes, has once again piqued the High Court after bringing up a fresh vexatious lawsuit.

Masamba, who has so far instituted at least 26 court cases that were viewed as vexatious, this time irked the court when he brought up another suit hurling insults at the Judiciary.

In the latest case, Masamba used crude language against the judges, which bordered on contempt of court.

He attacked the court in a case in which he sought to compel the “Secretary for JSC” to give reasons for the dismissal of one of his numerous court cases.

The Judicial Service Commission (JSC) is an independent commission whose function is to render support services to the courts. Justice Clement Phiri dismissed Masamba’s recent application, saying an order for perpetual silence was still operational against him.

“There already is a decree of perpetual silence already operating against the applicant which was granted in the case of Masamba versus JSC Secretary & Another HH 238 /17.

“The applicant is clearly aware of this issue and has raised it in his papers. This court does not condone the conduct of the applicant in setting the aforesaid application on the opposed roll when the applicant was fully aware that a decree of perpetual silence was granted against him,” reads the judgment.

Justice Phiri then dismissed the application and issued another decree of perpetual silence against Masamba.

He slapped him with an order for costs on a punitive scale.

“The applications in case numbers HC 6164/ 17 and HC6187/ 17 are hereby dismissed. The applicant is ordered to pay costs of suit on a legal practitioner and client scale for the aforesaid cases.

“A decree of perpetual silence is hereby granted against the applicant,” read the order of the court.

The judge directed the registrar of the High court not to accept or issue any process from Masamba without the permission of a judge of the High Court.

Justice Phiri said Masamba’s language was contemptuous of the court.

“The applicant proceeds to make several other allegations against the judges which really, are unfortunate, and, in my view, amount to some form of political grandstanding bordering on contempt of court,” he said.

Justice Phiri said Masamba’s latest application was identical to another one which was pending before the same court.

“That applicant makes a similar court application in case number HC6187/ 17 and the founding affidavit almost repeats, word for word, what is stated in case number HC6164/ 17,” reads the judgment.

The judge ruled that Masamba did not deserve to be furnished with the reasons he was seeking.

“This court is satisfied that the applicant does not need to be furnished with any further reasons in respect of the dismissal of his appeals.

“Clearly, the ruling that the applicant’s notice of appeal was fatally defective and thus a nullity is clear enough and there is no need for any further reasons to be given,” said Justice Phiri.

In another court case, Justice Joseph Mafusire dismissed Masamba as a “vexatious litigant” and barred him from suing anyone else without seeking leave of the court.

At the time when Justice Mafusire issued the decree, Masamba had instituted over 26 cases in the High Court and most of them were viewed to be groundless.