Q FM Africa's Modern Radio
The Supreme Court has set Thursday, 18th December as the date for ruling in a matter Nevers Mumba has appealed against the High Court’s decision to discharge an injunction order that restrained his suspension from performing the functions of MMD president.
In this matter, Dr. Mumba has asked the Supreme Court to reverse the High Court’s decision on grounds that the trial judge of the court below erred to dismiss the ex parte injunction on grounds that Dr. Mumba was not clear of his complaint or the relief he was seeking from the court.
When the matter came up this morning for hearing, Dr. Mumba‘s lawyers who were led by Bonaventure Mutale argued that the High Court failed in its duties because it did not consider all facts that were at its disposal before discharge the ex parte injunction.
Mr. Mutale has submitted that Dr. Mumba’s argument were based on the fact that he was unfairly treated, the MMD constitution breach and that Dr. Mumba was unjustly treated for which he was going to suffer un-repairable injuries if he is not given the injunction that allowed him to perform the functions of MMD president and thereby contest the 2015 presidential election.
Mr. Mutale has contended that owing to the court having all facts at its disposal, the Supreme Court is in a good position to rehear the case and go ahead to order that the relief that Dr. Mumba is seeking be occasioned.
Earlier MMD National Secretary Muhabi Lungu who is the respondent in the matter raised preliminary issues through his lawyers who argued that the facts the appellant has raised in the main appeal have no place before the court because such facts were not considered in the court below.
Mr. Lungu’s lawyers who were led by Abyud Shonga have submitted that going by rule 19 of the Supreme Court rules the appellant cannot raise issues before court that are not in the memorandum of appeal.
In response Dr. Mumba’s lawyers asked the court to dismiss the preliminary issues with cost arguing that such preliminary were misconceived.
The Dr. Mumba’s lawyers have submitted that this is because the Court below was aware of what their client was seeking for as his application for the injunction was based on the November 18th ,2014 MMD NEC meeting resolutions and the party constitution.
In the cross appeal in which both parties laid their arguments, the court also heard that the High Court should have instead earlier issued a mandatory injunction to Dr. Mumba in the first place if indeed he was going to suffer un-repairable injuries, but that this mandatory injunction required high conditions to be met.
Acting Chief Justice Lombe Chibesakunda who led the full bench of the court in hearing the matter has adjourned the matter to Thursday afternoon for ruling.