Cars For The World

High Court denies granting Catherine Namugala an injunction to restrain her expulsion

Time Posted: January 23, 2013 6:46 pm

High Court

The Lusaka High Court has denied granting MMD Muchinga Member of Parliament (MP), Catherine Namugala an injunction to restrain her expulsion from the MMD.

Judge Fulgeance Chisanga told lawyers representing MMD when the matter came up in chambers for inter parte hearing today that as far as the court records were showing, Ms Namugala was not issued an injunction to block her expulsion.

This was after one of the defendant’s lawyers Sunday Nkonde informed the court that they were confused with a mistaken view that there was an injunction widely reported in the media that Ms Namugala had been granted an injunction.

Mr Nkonde however told the court that after conferring with his learned counsel for Ms Namugala, Robson Malipenga, he informed them that it was the creation of the media because no injunction was granted to his client.

In response, Judge Chisanga stated “There is no injunction granted as far as the record indicates.”

Ms Namugala is also challenging the appointment of Kapembwa Simbao as acting national secretary.

But Mr Malipenga today asked Judge Chisanga to adjourn the hearing to enable him get fresh instructions from his client in the event that new developments had taken place.

The Nevers Mumba led MMD on Tuesday night expelled Ms Namugala from the party for gross misconduct despite having dragged the party to court to restrain it from expelling her.

Ms Namugala through her lawyer was to determine whether she still had a locus standi to proceed with the matter in an event that the MMD has expelled her before the count granted her an injunction against the defendants.

33 Comments

  1. vote
    flag Goncalves says: Goncalves
    January 23, 2013 at 7:11 pm |

    Poor Namugala. You should have just resigned and joined the tribalist and incompetent PF government. They are the ones with the honey pot now. Ma tight yanu na ba RB kansi yenze ya fake!

    Reply
    1. vote
      flag ftj says: ftj
      January 23, 2013 at 7:25 pm |

      GOD DOES NOT DELIGHT IN EVIL……..

    2. vote
      flag Nora Hloboka says: Nora Hloboka
      January 23, 2013 at 7:36 pm |

      Which tribal party if not your under 5 party with your under 5 leader? Idiot.

    3. vote
      flag The Mafia says: The Mafia
      January 24, 2013 at 8:50 am |

      At least now she won’t threaten to walk naked! lol politics are indeed dirty, today you up and tomorrow they bring you crashing down!

  2. vote
    flag Kaziya says: Kaziya
    January 23, 2013 at 7:11 pm |

    Namugala ur a disapointment.

    Reply
  3. vote
    flag Twaaya says: Twaaya
    January 23, 2013 at 7:11 pm |

    So these mps are protected by courts even wen proved as grossly indisciplined!

    Reply
    1. vote
      flag space says: space
      January 23, 2013 at 7:44 pm |

      It’s just the due process of the law. Anyone can file an injunction against anything provided it is not done frivolously. Usually people who challenge expulsion from ‘club’ membership (in this case party) have lost their cases on the grounds that their membership was a privilege and not a right. The court process is used just to buy time in many of the cases involving expulsions. Next she may appeal to the supreme court just to delay the process of expulsion.

  4. vote
    flag Meek Mill says: Meek Mill
    January 23, 2013 at 7:14 pm |

    Sunday Nkonde must be a chicken how could he base the case on media reports and the expose his ignorance that he was confused with a mistaken of an injunction as reported by the media!!!!! What a lawyer

    Reply
    1. vote
      flag Zed P atriot says: Zed P atriot
      January 23, 2013 at 7:46 pm |

      That is why u shd encourage ur children or young relations to study law. Some lawyers make boobs.

    2. vote
      flag space says: space
      January 23, 2013 at 7:47 pm |

      SBN is right to ask the court for clarification. It is not uncommon for unscrupulous lawyers in our country to obtain judgements in a back door way. Almost everyday we read about cases of either the prosecution or defense blind siding the other party. Sometimes, the media may have information that a lawyer is not privy to.

    3. vote
      flag gloria says: gloria
      January 23, 2013 at 7:52 pm |

      Nkonde, former solicitor general under Mwanawasa lol.

    4. vote
      flag . says: .
      January 23, 2013 at 7:59 pm |

      @Space do lawyers go in court to get clarifications about a case?? Sikota is by far the best lawyer pa Zed you can tell from the way he argues in his cases. Intelligence is there not abena sunday that was embarrassing..
      Why law school did sunday go to??

    5. vote
      flag ftj says: ftj
      January 23, 2013 at 9:15 pm |

      ITS NOT SUNDAY NKONDE,IT IS GOD WHO CONTROLS THE MIND OF THE PIPO.HOW MANY THINKS HAS NEVERS MANEGED TO PULL THROUGH.HOW MANY ENCOUNTORS AND CHALLEGES NEVERS HAS FACED AND IS STILL FACEING?GOD WILL PROVE TO MAN, THAT IT HIS WORD WHICH STANDS OR COUNTS. AND NOT THAT OF MAN.

    6. vote
      flag amomi says: amomi
      January 24, 2013 at 9:49 am |

      are these the same lawyers who are blocking our childen from graduating at ZIALE? no wonder, they are really scared of competition from these sharp upcomng legal ord!!

  5. vote
    flag kakole says: kakole
    January 23, 2013 at 7:15 pm |

    iam disapointed with a learned person like Namugala to behave in this manner.u were part of the pipo who sam Nevers Mumba file in nominations and u want to wash your hands.dont take us for granted at the expense of our painful money from parliament and allowances.pliz think twice or u loose your package.dont be deceived.nway yo opinions are respected.Zambian at pain for failing to honour yo previous loyalty.gude

    Reply
  6. vote
    flag chanda conrad says: chanda conrad
    January 23, 2013 at 7:28 pm |

    Good. ukuchengela kwankoko pungwa tasakamana, now go and attend to your purported private woes mama.

    Reply
  7. vote
    flag Tom says: Tom
    January 23, 2013 at 7:29 pm |

    Ba namugala get a life please.its embarrassing for you to come that way with general kachingwe.

    Reply
  8. vote
    flag Lon says: Lon
    January 23, 2013 at 7:34 pm |

    You go defend your seat on your new party the ‘Parallel MMD’ and lets see how you do.

    Reply
    1. vote
      flag Zed P atriot says: Zed P atriot
      January 23, 2013 at 7:49 pm |

      I like that; with Kachingwe leading parallel universe mmd, Namugala can’t defect to PF! Lol!!

    2. vote
      flag Mwana_Nkana says: Mwana_Nkana
      January 23, 2013 at 9:05 pm |

      yaba!nkhani ya parallel party iyo..kwena that was soo childish even writing a cheque for nevers mumba nayo iya mu ma ngwee!!surely the opposition does not instill hope ..i hope this is the last we see of namugala..i hope MMD can get on its feet so that we can have a gud opposition for the sake of checks and balances..

  9. vote
    flag mwamba mutale says: mwamba mutale
    January 23, 2013 at 9:12 pm |

    Ala elo lwanya!!!

    Reply
  10. vote
    flag Lubinda Mubita says: Lubinda Mubita
    January 23, 2013 at 9:54 pm |

    Another bye-election caused by a selfish politician. We have to find a solution to this in the new constitution.

    Reply
  11. vote
    flag Sata says: Sata
    January 23, 2013 at 10:51 pm |

    Lesa ni malyotoola.

    Reply
  12. vote
    flag thandi phiri says: thandi phiri
    January 23, 2013 at 10:56 pm |

    so you don’t know up to that the courts are still run by the mmd?pf wake up clean the courts and all will be fine

    Reply
  13. vote
    flag bigkilo76 says: bigkilo76
    January 24, 2013 at 7:17 am |

    the constitution must be changed to avoid wasting tax payers money in such an irresponsible manner.Nowander taxes keep on going up higher and higher and from year after year.Anyway namugala was no.1 kandile.com especially zip mwebantu

    Reply
  14. vote
    flag Chimbwii says: Chimbwii
    January 24, 2013 at 8:32 am |

    Cathy grabbed her older sister’s hubby and later had him deported after using him. And this is the character in the lime light. But pa Zed…….eish

    Reply
  15. vote
    flag REAL MAN says: REAL MAN
    January 24, 2013 at 9:32 am |

    THE ONLY TRIBAL PARTY IN ZAMBIA IS UPND. THE ISSUE AT HAND IS NOT ABOUT GRABBING SISTER`S HUBBY. WHY DO YOU LIKE DIVERTING ISSUES? MMD IS A FINISHED PARTY AS LONG AS MUMBA REMAINS A PARTY PRESIDENT.

    Reply
    1. vote
      flag amomi says: amomi
      January 24, 2013 at 9:57 am |

      Thats what i wanted to say. its like pipo are forgetting the main culprit here. jut check the happennings in the Mwaniya Mulamana Doo (MMD) party from the time Nerves took over. REALLY do you still blame the Namugalas of this world?

  16. vote
    flag kanyankula says: kanyankula
    January 24, 2013 at 9:42 am |

    iliko bad parallel party

    MMD…………………………NEVERS
    MDD………………………..MAJOR HIGH WAY TO MPONGWE AND LIVISTONE

    Reply
  17. vote
    flag kanyankula says: kanyankula
    January 24, 2013 at 11:29 am |

    ILIKO BAD PARALLEL PARTY

    MMD……………..NEVERS
    MDD………………MAJOR …………HIGHWAY TO MPONGWE AND LIVINGSTONE

    Reply
  18. vote
    flag musangu muzaza says: musangu muzaza
    January 24, 2013 at 12:11 pm |

    How many times has Mumba failed? this question is important before you put a blame on anyone. Reformed church + Reformed church are Mumba failed

    Reply
  19. vote
    flag Merit says: Merit
    January 24, 2013 at 3:06 pm |

    PF has MPS in almost all provinces except Southern Province so its wrong for some of us to call it tribal party shame on us.PF is very popular in my opinion and is on course to develop Zambia under his HE MC Sata

    Reply
  20. vote
    flag bruno says: bruno
    January 25, 2013 at 6:50 am |

    Hi, i have reading out and i will definitely bookmarrk your site, just wanted to say i liked this article.

    Reply

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