Mkaika MP appeals against judgement

MKAIKA Member of Parliament Peter Phiri has appealed to the Court of Appeal against a ruling by Judge Wilfred Muma, in which he refused to review his decision to dismiss the petition challenging his expulsion from the MMD party.

Mr Phiri, Serenje Central MP Muma Kabanda and Howard Kunda of Muchinga constituency filed their petitions separately in the Lusaka High Court last year but the petitions were consolidated as they had similar reliefs.

They cited MMD national secretary Elizabeth Chitika as the respondent in the matter.

But in November, Judge Muma threw out the petition on grounds that it was not signed and therefore it was irregularly before him.

Mr Phiri on December 3, filed an affidavit in support of ex parte summons asking the court to review its decision.

However, Judge Muma said that the High Court Act was very clear that it required the plaintiff or their advocate to sign writ of summons before it was presented before the court.

He therefore refused to review his decision to dismiss the matter.

But in an appeal, Mr Phiri said he is appealing on grounds that Judge Muma erred in law and in fact when he held that there was no fresh evidence produced to warrant the review of his ruling in the face of the evidence exhibit in the affidavit in support of the application before him.

The MPs in their petitions are seeking a declaration that their expulsion was null and void.

A declaration that any purported suspension of the petitioner which violated the Bill of Rights as enshrined in the Constitution be declared null and void.