In a ruling delivered yesterday, High Court Judge Mathews Lungu said the court cannot be invited to make orders and grant reliefs which are not supported by a claim of action for determination, stating that the applicants ought to show that their rights under statutory instrument number 55 of 1996 have been violated.
“It is the view of the court that the reliefs sought in the originating summons could have been properly addressed to the respondent in accordance with the prescribed rules governing the association. Only when LAZ refuses to abide by its own rules will the courts be invited to protect the rights of its fully paid-up members like the applicants,” he said.
This is in a case in which three Lusaka lawyers petitioned the LAZ council to call for an extraordinary general meeting that will discuss a vote of no confidence in the council and other association office-bearers.
The lawyers requested the LAZ executive to convene a meeting to debate the vote of no confidence in the council.
The lawyers, Kelvin Bwalya, Hobday Kabwe and Robson Malipenga, requested the LAZ executive not to chair the meeting because they are the subject of the debate.
They contended that the debate motion will involve LAZ president Linda Kasonde and that she, and other members of the council, should be impartial in conducting the meeting.
However, LAZ asked the High Court to dismiss the proceedings, stating that the application was irregular.
Well done High Court.
Kelvin should appeal. I thought the preamble of his case he had put together suggested a bonafide case which had a legitimate chance of success.
Thanks
BB2014/2016
Kelvin is just an attention seeker. He is doing this so that he can remain relevant or should I say be in the public domain. Because he didn’t get a ministerial job after their victory, he is advertising himself for 2021. Survival ni konido
Kelvin is such a disgrace, he’s trying too hard to please Lungu. Thank GOD the high court has some men of integrity still.
KBF is totally working for PF and he should be set aside. Men without conviction. He cannot recuse himself in case involving his son. Pathetic guy. You will regret
look this is the same guy who confused ECL to let his ministers to remain in office when they were dissolved , meanwhile also remove close on the Ministers out of parliament , and they have not paid back all they misused and including other petitions against them , selfish people , one day we shall catch up with you us the people , take this as a warning not threat at all.
Instead of High Court Judge Mathews Lungu it should read High Court Judge Mathews ZULU
Useless dull pf lawyers. Paid to cause trouble and facilitate lungus grip on power. Zambia a full swing dictatorship and the British are loving it that is why their ambassador was supporting their actions because the British have a lot to gain where there is confusion. Watch them colonise your backsides again. At the moment the Chinese are colonising you.
After spending more than 30 years at the bar? These dull lawyers can not compete with modern, young lawyers like Kasonde, no wonder they have been overlooked to be elected as LAZ presidents. We have said it before that these masquerades of lawyers are only interested in the promoting thuggery and despondence on behalf of the vision less lot. Now let us see if any sane lawyers attending this meeting will entertain this nonsense brought about by this KBF filth. Twice beaten once shy, wait for the verdict and relay the resounding of no impeachment crap to the one who sent you. Nonsense.
Kelvin is a well known crooked lawyer, he’s known for all he’s monkey tricks
these three useless lawyers..thank you ..let them be dismissed..their licences should be revoked..