Q FM Africa's Modern Radio
Lusaka High Court Judge Annie Sitali has dismissed with costs an application by two UNIP members Bupe Banda and Stephen Tambulukani in which they sought an injunction restraining the former ruling party from holding the national council meeting which was held from 27th to 29th October, 2014.
Party Secretary General Kenneth Kaira was sued as the first defendant with party President Tilyenji Kaunda and vice President Njekwa Anamela as second and third defendants.
In her ruling, Judge Sitali stated that there was no basis on which he can issue an order of interim injunction to restrain the defendants from holding the national council because the national council meeting has already been held.
Judge Sitali further states that the plaintiffs have no demonstrated that an injunction is necessary to protect them from irreparable injury as they have not stated what injury they would suffer if the national council was held and they subsequently succeeded in their action against the defendants.
She stated in her ruling that it is trite law that an injunction will not be granted unless it is necessary to protect the applicant against injury which cannot be compensated by damages.
Judge Sitali has however granted the plaintiffs leave to appeal against her ruling.
The plaintiffs had argued that the UNIP national council meeting was not approved by the central committee because the party has had no central committee since 2005.