THE Chipata High Court has dismissed with costs petitions for United Party for National Development (UPND) for non compliance of the petitioners.
Losing UPND parliamentary candidates for Chipangali constituency Champion Tembo and Japhet Msimuko of Chasefu had petitioned the elections of Vincent Mwale and Gerald Zimba both of the Patriotic Front(PF) on grounds that the August 11th 2016 polls were marred with electoral malpractices.
The two UPND officials who did not appear before the courts had also petitioned the Electoral Commission of Zambia (ECZ) as a first respondent as well as Mr Mwale and Mr Zimba as second respondents respectively in the petition cases which the trials was expected to commence on Monday.
Dismissing the Chipangali petition, Judge Mwamba Chanda said it was evident that the petitioner absence and non payment for security for costs was sign that he was not ready to persecute his own case.
She said the petitioner petitioned ECZ and the second respondent on August 29th but he has failed to appear before the court to persecute the petition.
“I, therefore, dismissed this petition with costs,” Ms Justice Chanda said.
And Judge Betty Mung’omba dismissed with costs the petition of Msimuko.
Ms Justice Mung’omba said it was not disputable that the petitioner had failed to persecute the petition case after he failed to pay for security for costs and his unavailability in the court.
She dismissed with costs to be paid at a current rate.
Meanwhile,Mr Zimba hailed the outcome of the court.
He said this was now the time to concentrate on doing developments.