The high-profile case failed to take off in the Mongu High Court on Friday in a dramatic turn of events and the respondent’s lawyer Christopher Mundia has asked the court to dismiss the matter for incompetence.
“The applicants have further not provided their addresses for service in conformity with the rules of procedure and practice and as such rendering this action incompetent. I now crave the indulgence of this honourable court that this matter be dismissed for incompetence,” said Mr. Mundia.
A senior Mongu High Court official told the Daily Nation in a telephone interview from Mongu that the matter came up on Friday morning before the Deputy Registrar who did not have jurisdiction to preside over the case and referred it to the Lusaka High Court Judge-in-Charge for allocation to a High Court judge who might be required to travel to Mongu to hear the case.
This is in a case where Nabiwa Imikendu, Litia Charles Mutemwa, Mukubesa Ilukena and Mumbisho Liswaniso have sued Litunga Edwin Lubosi Imwiko in his capacity as ruler of Western Province, seeking an order that he resigns or abdicates his role as traditional ruler.
And another lawyer for the Litunga Sakwiba Sikota has argued that the jurisdiction of the High Court to hear and determine the matter was questionable as allegations imputed therein were against a constitutionally created office of the Litunga of Western Province.
“The applicants’ affidavit contains extraneous matters and is mostly based on hearsay. In the premise the said affidavit offends the High Court Act. Neither the Attorney nor the Local Government authorities have given the applicants the right to raise issues of State land, markets or bus stops on their behalf.
‘‘The applicants have no locus standi to raise some of the issues set out in their application. I humbly pray that the originating notice of motion be set aside for irregularity,” Mr. Sikota said in his affidavit in support of notice to raise additional preliminary issues.
They just have correct the affidavit by adding addresses and the case can proceed. The saddest highlight of this case is that Mongu and maybe other places have High Courts without Judges -even one alishupa sure after 53 yrs of independence?
Question is if the defendant did appear at the courts?
You can bring all these smart arguments from lawyers like Sikwiba Sikota but the bottom line is that the Litunga has committed contempt of court.
If indeed he is above the law like a sitting president who can only appear in court after their immunity is removed then indeed Barotseland is a nation of its own.
In that case grant it independence from Zambia.
This is what Zambia has been reduced to. People using judges to prevent cases going ahead based on trivial technicalities because they know should the case go ahead they will lose. Very similar to why lungu doesn’t want petition to ever be heard. Guys hangover is killing me lelo. Abasangu in UK tabayangala bwino. These women kuno they can drink and are very pushy especially na nkanda iyi ya black
It seems you just want to show off that you are in UK. You may not even be there but in Kalingalinga. Is it your first time to visit a foriegdn country. Your Ufontini is too much. Anyway, we understand your type. Your problem is that you have no respect for other people who are nit from your confused tribe. Let the Lozi people find a solution to their problem. You have to find a solution for your HH and UPND madness too.
I understand in the olden days there were traditionally accepted ways of getting rid of an unpopular Litunga… just thinking!
Yeah. Depending on how far back what you refer to as “0lden days” goes. One way was the use of juju that was much stronger than what the incumbent had; the other was the use of sheer brute force of arms. But then, that was then. Now, it’s obvious the institution has become so highly politicised. Notice the orders by PF top leadership, for example, for the suspension from the party of one of the petitioners. And, also, is it a mere coincidence that some of the legal eagles (or is it vultures?) Now representing the respondent in this matter are the same ones who represented President Edward Lungu in the presidential petition and are again representing the PF president in his third-term bid? Just kinda curious!
Just castrate these chisangukas
Somebody said in the “olden days” an unpopular Litunga would experience some “navigation problems in the Nalikwanda” !
Backward Lozis still stuck in the iron-age royalty crap after one of them was given a second-hand army uniform to pose as some king ! Lol
You’re just jealousy , kolwe. Your inferiority complex and obsession with anything to do with the Barotse will lead you to an early grave. Hope you die soon. How can one use an old army uniform for 100 years? Besides the Litunga’s are of different heights.
Kikikikikikiki. They are of different heights
It will be dismissed