Court blocks Chief Kakumbi’s dethronement
THE Lusaka High Court has restrained senior Chief Nsefu of the Chikunda people of Mambwe district in Eastern Province from dethroning Chief Kakumbi.
Ms Justice Catherine Phiri granted Chief Kakumbi whose real name is John Kapepa an injunction to restrain Senior Chief Nsefu from dethroning him as chief Kakumbi.
Justice Phiri ordered on Wednesday that Senior Chief Nsefu, his servants, agents, workmen or whosoever should not dethrone Mr Kapepa as chief.
The Judge further restrained senior chief Nsefu from installing any other person in Mr Kapepa’s palace until further order of the court pending the hearing of inter parte summons for an interlocutory injunction.
Mr Kapepa who is represented by Lusaka lawyers Gilbert Phiri of PNP advocates and Kampamba
Kombe of Andrews and Partners , has sued Senior Chief Nsefu in the Lusaka High Court seeking a declaration that he is the current and reigning Chief Kakumbi.
Mr Kapepa also seeks an order of interim injunction directed to senior Chief Nsefu to restrain him, his servants or agents or whosoever from dethroning or attempting to dethrone him as Chief Kakumbi.
He also wants Senior Chief Nsefu to be restrained from interfering with his administration of the Kakumbi chiefdom and from appointing or purporting to appoint any person to act in his position pending the determination of the matter by the Lusaka High Court.
Mr Kapepa is also seeking damages and any other reliefs that the court may deem fit plus costs.
He stated in a statement of claim filed in the Lusaka High Court principal registry that he was at all material times duly gazette as Chief Kakumbi of the Chikunda people while senior Chief Nsefu whose names are Smart Sokhani Phiri was the presiding Chief of the Chikunda people in Nsefu’s Chiefdom.
Mr Kapepa stated that on or about January 2 2020, Senior Chief Nsefu, by way of a letter dated December 28 2019, informed him that he had been dethroned as Chief Kakumbi with immediate effect.
Mr Kapepa stated that Senior Chief Nsefu based the decision to remove him from the throne on alleged insubordination, violence, arson, refusal to give consent to land by applicant and demolishing housesand other structures among others.
He stated that at all material times, he has never been charged with any offence by Senior Chief Nsefu neither has he been heard on any allegations that had been preferred against him and no communication has been sent to him regarding the allegations.
Mr Kapepa stated that on January 14 2020, the Royal Family of the Kakumbi Royal Establishment and Kakumbi Electoral College convened and resolved that he continues being Chief Kakumbi as they have not recommended for his removal as chief.
He stated that Senior Chief Nsefu ‘ s actions were illegal in the circumstances as he was not charged nor was heard on the allegations
Mr Kapepa stated that he has endeavoured to continuously execute his duties as chief but the actions of Senior Chief Nsefu were a threat to good order and peace in the Chiefdom.
The inter parte summons for an interlocutory injunction would be heard of on January 30 2020.
Kombe of Andrews and Partners , has sued Senior Chief Nsefu in the Lusaka High Court seeking a declaration that he is the current and reigning Chief Kakumbi.