The Lusaka High Court has denied United Party for National Development -UPND President Hakainde Hichilema and Party Vice President Geoffrey Mwamba an Exparte hearing, a hearing where only one side of the dispute is heard, in the matter where they are seeking an order to restrain Chief Justice Irene Mambilima.
The High Court has however ordered for an Inter-parte hearing in the matter, requiring both sides of the dispute to be heard.
The matter is before Lusaka High Court Judge Mwila Chitabo. The Inter-parte hearing has been set for today.
Mr Hichilema and Mr Mwamba have filed a petition in the Lusaka High Court after the dismissal of their 2016 Presidential Election Petition by the Constitutional Court.
They have contended that Justice Mambilima, Deputy Chief Justice Mervin Mwanamwambwa or any other authority must not swear- in President Lungu and Mrs Wina until the determination of the case where they are challenging the decision of the constitutional court.
Mr Hichilema and Mr Mwamba also want the court to stay the decision of the constitutional court which dismissed the presidential petition on Monday for want of prosecution.
They are seeking a Court order that the decision of the constitutional court that the petitioners had until 24:00 hours of last Friday to prosecute their matter is null and void and contravenes Article 28 sub-article nine of the Constitution.
Mr Hichilema and Mr Mwamba are further seeking an order directing the Constitutional Court to hear and determine their petition independently, fairly and within a reasonable time in line with the provisions of Article 18 sub-article nine of the Constitution.
They have cited President Lungu, Mrs Wina, the Electoral Commission of Zambia -ECZ, Attorney General Likando Kalaluka, Justice Mambilima, Justice Mwanamwambwa and the Constitution Court as first, second, third, fourth, fifth, sixth and seventh respondent.