THE Lusaka High Court has dismissed an application for an interim injunction by MMD Copperbelt provincial treasurer Toby Maliti to restrain the political party’s national executive committee (NEC) from adopting former President Rupiah Banda as presidential candidate in the January 20, 2015 presidential elections.
When the matter came up for ruling yesterday, High Court judge-in-charge Isaac Chali dismissed the application on grounds that Mr Maliti should have joined the case in which MMD president Nevers Mumba is challenging party secretary-general Muhabi Lungu from the interfering with his functions.
Mr Justice Chali noted that Mr Maliti should have avoided multiplicity of actions by joining himself in the earlier action than to hope for consolidation of the case by another court.
He described Mr Maliti’s action as forum shopping and that this conduct is detestable by the court.
Mr Justice Chali ruled that once a matter is before the court, all interested parties have an obligation to bring all issues before that particular court.
“Forum shopping is an abuse of process which is unacceptable,” he said.
Mr Justice Chali said both Dr Mumba and Mr Maliti were seeking a declaration that the NEC meeting which adopted Mr Banda as the presidential candidate should be declared null and void.
He said the duo wanted Mr Banda’s election or adoption to be nullified and another candidate to be put in place.
Mr Justice Chali said these are common reliefs.
“The net result is that all the three issues raised in the notice are upheld and the action, including the application for an injunction, cannot be sustained. The action is therefore dismissed,” Mr Justice Chali said.
Mr Maliti wanted the court to stop Mr Banda from holding himself out as the presidential candidate adopted, chosen, elected and sponsored by the MMD.
Mr Maliti also wanted the court to declare that Mr Banda should not be allowed to file nominations to the Electoral Commission of Zambia (ECZ) as a candidate adopted and sponsored by the MMD until the matter is disposed of.
He wanted the court to grant him an injunction restraining Mr Lungu from presenting Mr Banda as the MMD presidential candidate in the January 20, 2015 presidential election.
Mr Maliti said the NEC adopted Mr Banda without prior notice to all members and the selection was done by NEC instead of the MMD electoral commission as required by Article 52 (1) of the MMD constitution.
lawyer wa chabe!
Waste of time and effort why not forget?
The purpoted return of Rupiah Banda to politics is motivated by revenge. Rupiah Banda is a avery bitter man. Reading from the current media reports about his moaning over the removal of immunity will make him a very brutal man, should he be elected into office. He claims to be suffering, thus mocking millions of suffering Zambians. Can Rupiah Banda because immunity against procecution has been stripped? Zambians, make a wise choice and if you screw up this time, DO NOT COMPLAIN BUT SUFFER IN PEACE!
The end of MMD period.