DEFENSE lawyer from MSK Advocates has told the High Court to dismiss United Party for National Development (UPND) Chipangali losing parliamentary candidate Champion Tembo’s petition against Patriotic Front (PF) Member of Parliament (MP) Vincent Mwale on grounds that the petitioner did not pay the security for costs.
This was in a matter in which, Mr Tembo petitioned the Electoral Commission of Zambia (ECZ) as a first respondent and Mr Mwale as the second respondent.
When the matter came up for hearing before High Court Judge Mwamba Chanda, Mr Jasper Mulongo said the petitioner’s lawyers from Mushipe
and Associates failed to reply to the preliminary issued by Oct 14th
which they had requested to do so.
Mr Mulongo said the petitioner failed to prosecute the matter because he did not submit the bundles for the support.
He noted that his client had incurred some costs in an effort to
defend the petition case and asked the court to dismiss with costs.
“There is need to dismiss the petition with costs because our client
incurred some costs to defend the matter,” he said.
But Ms Justice Chanda reserved the ruling in the afternoon of yesterday.
Meanwhile, High Court Judge Betty Majula Mung’omba has set today as a
day of ruling either to proceed with Chasefu petition or not.
This is in a matter in which UPND’s losing candidate Japhet Msimuko
has petitioned the elections of PF’s Gerald Zimba.
When the matter came up, Ms Justice Mung’omba said the petitioner had
not paid as a security for costs adding that she would either proceed
or dismiss the matter if the petitioner fails to do so by today.