High Court

THE Lusaka High Court has thrown out an application by the United Party for National Development (UPND) that was seeking to stop former President Rupiah Banda and two others from using the ‘aleisa’ slogan in the Presidential campaigns for the January 20, 2015 election.

Judge in charge Isaac Chali said the claim of the trade mark by Bwembelo Choongo, a UPND member could not be entertained because it was most ridiculous by any standard.

‘Aleisa’ is a vernacular word meaning someone is on the way which many political parties and those in the football fraternity use.

Mr Chongo, however, dragged Mr Banda, MMD leader Nevers Mumba and Matero Member of Parliament (MP) Miles Sampa to court seeking an order that the slogan and terminology was initiated, adopted as a campaign trade mark for UPND and should therefore not be used by any other party in whatever manner.

He wanted the court to grant him an injunction restraining Mr Banda, Dr Mumba and Mr Sampa from using the slogan during their campaigns and the waving of hands on top of their head associated with the slogan.

Mr Justice Chali said the action by Mr Choongo was an extreme example of the abuse of court process.

Mr Justice Chali said he did not find it necessary to wait any longer for the inter parte summons to be filed by Mr Choongo but instead decided to dispose of the matter on his own to avoid clogging the already congested court system.

“This action is therefore dismissed forthwith” Mr Justice Chali in his ruling which did not have any representative from Mr Chongo and the three defendants.

Considering the nature of the action Mr Justice Chali had asked Mr Choongo to file an inter parte summons but he has not returned to the court to check on his application.

Mr Choongo could not be contacted by the court because he did not provide any contact details which Mr Justice Chali said clearly showed the lack of seriousness on the part of Mr Choongo.

He did not even provide the court with any evidence in the supporting affidavit that he or his political party was entitled to the exclusive use of the slogan or accompanying gesture of waving a hand over the head.

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22 COMMENTS

  1. Don’t be deceived by the PF rally crowds, people are only going to see the visionless Edgar Lungu who again lying to his charlatan cadres how he will capsize their sinking canoe.
    Voting for Lungu is suicide and therefore endorse a Hero of Humanity to economically, democratically, politically, socially and culturally govern the country. This Hero of Humanity is HH. Hope and Health for the nation and not the visionless Lungu.
    Satas vision was confusion,tribalism and violence, 19 days left till PF is democratically kicked off.
    The Skeleton Key
    ~206~

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    • The crashing has just begun Good luck as we the commoners watch it in awe. Can deploying trolls online to defame a competitor and claim the race has already been won be rewarded with the Presidency in Zambia? A lesson 101 to learn from.

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    • How about your HH rallies? I supposed people are going there to see if truly your HH is a lame (Ichilema) person. Going by that campaign song you composed for him. Don’t talk a lot, just wait for 21st Jan Results. Edigar will have more votes than the votes Sata had in 2011. Take it or leave it.

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  2. Aleisa Aleisa was infact started in PF when some supporters of WK alledgely formed a faction. Youths used to sing Aleisa Aleisa it was WK not hh and upnd. Cant they come up with something that belongs to upnd like endorsement.
    Ba Choongo naimwe mulichikopo. Donchi Kubeba!!!!

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    • UPND should also go to court and argue that all the other parties should not promise because all promises belong to them like their spokesperson Simusamba is telling us. That is how ridiculous the thinking of people in this party is. Even the learned judge has seen through their foolishness. They just want to waste the courts time.

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  3. ba choongo thats a nkana fc club slogan. ask choma eagles or livingstone pirates they will tell u.dont waste courts time.

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  4. This is the begining of losing. ballots papers are pre marked surely how do you go for elections that will be rigged. Just accept that you are not a presidential material. lungu has just tried onces and he is in state house. lets give MMD more votes so that HH remains at number 3

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  5. We told you that stop troubling HH becoz he is not going anywhere.The throwing of this case is clear signs of losing elections. The crying over premarking of ballot papers has said it all that HH is going nowhere. surely where is change if bad eggs from MMD and PF have gone to UPND?

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  6. BA UPND baba ne fikopo ai. Why didn’t they sue trade kings also for the aleisa advert. Rediculous.

    EL for President.

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  7. Judge Chalikosa throws out everything with value and without value. Could be a frustrated Judge.

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  8. Alesa aleisa, is just a comfirmation that HH is entering into plot one. When we used it on Mumba and other politicians we meant HH and not them because if we put on our UPND T- shirts, we are beaten by the PF thugs and if we use hands they kill us, so is to tell them that HH is coming to stay.

    Please ba Choongo dont alarm them. I was almost beaten by the PF thugs had I not ran into car and drove out quickly because of using the word Haleisa, Haleisa meaning HH.

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  9. Honourable Justice Chali has made an excellent judgement. It was an abuse of process and a typical character flaw of UPND characters. These supporters are deranged and think nothing of this sort of desperate behaviour.

    They can keep their slogans and imbecile-like hand waves.

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  10. Who doesn’t know that Isaac Chali is a seriously weaked judge who is in a quagmire right now of not knowing whether he will keep his job or not after elections. He is Mmembe’s friend and knows that whether HH or EL wins, he is gone. Let him make his last useless rulings.

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  11. Sometimes zambian politics iritates me. the way silvia masebo use to insult the late president mr mcs and later she came to gloryfy him has the only saviour for zambia. its a well known fact how upnd despised sylvia, they use to call her sperm bank branded her as the greatest prostitute who sleeps with every man especially on watchdog and today they are calling her a hero. thats why zambia will remain the same becoz the GBM who failed in pf will be ministers in upnd. masebo who was fired for some reasons will be ministers in upnd. the all ministers under MMD whom zambian rejected will be ministers in upnd. even the Nawakwi who was the former agriculture minister with a carington maize issue today she has best plans for farmers.

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  12. Any aggrieved parties regarding IP can always consult PACRA or WIPO for guidance before going to the courts of law.

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  13. Chali’s integrity has been compromised. Even when he is right there will always be a cloud of suspicion surrounding any of his rulings. He should be ashamed of his recent deliberations and resign. He is more of biased activist than a judge. Who cares what he says anyway he can go to hell and burn.

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  14. BE WARNED….THE LUNGU TRAIN WILL SOON BE HEADING TO THE EAST.

    RALLY PICTURES FROM THE EAST WONT BE SUITABLE FOR SENSITIVE DNPU SUPPORTERS…PLEASE TAKE THIS AS A WARNING.

    EASTERN PROVINCE
    JANUARY 5th and 6th….Fire Fire Fire Fire and more Fire

    allow me to borrow the old UNIP campaign motto,,,,,,
    UNIP MULILO WAIKATAKO WAPYA….

    His Excellency Kanneth David Kaunda has given the Katondo boys permission to use this motto just in the EAST though.

    PF MULILO WAIKATAKO WAPYA……

    Thanks KK, the People in the EAST will be on fireeeeeee!!!!!
    Miles Sampa coming along too. mamamamama

    January 24, Hon Edgar will be signing a new lease for Plot 1

    I thank you

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  15. Ala ifwe ni Lungu fye mayo wandi. Chinshi ningalonawila vote yandi pali bakaitemwe. Mwebena North Western isuleni amenso. Ifintu ni lungu pantu aba banensu baku South teti basuminishe ati naimwe mutungululeko UPND. Muli ba mano imwe

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