The Lusaka High Court has quashed the application by Raphael Nakachinda that sought the stay of execution of the recent judgment where Nevers Mumba was declared as Party President.
Judge Sharon Newa has ruled that the appeal is not eligible to operate as the stay of execution of the judgment.
Judge Newa has relied on Order 53 rule 13 of the Supreme Court of London.
She further ruled that a stay is not warranted where the execution of the judgment has already been done.
Recently Mr. Nakachinda together with another MMD member George Kangwa filled the application for the stay of execution of the judgment where Dr. Mumba who is also former Republican Vice President was declared as legitimate MMD President.
The application was made pending the determination of their appeal before the Court of Appeal.
The two lodged an appeal in the Court of Appeal after the Lusaka High Court’s Judgement on November 5, 2019.