THE Supreme Court has set aside an order to stay the execution of the High Court judgement which nullified the election of Elliot Kamondo as Mufumbwemember of Parliament.
This means Mr Kamondo’s parliamentary seat remains nullified and the Electoral Commission of Zambia can still set a date for a by-election.
But one of Mr Kamondo’s lawyers, Jack Mwiimbu, said the appellant will file a notice of appeal before the full Supreme Court bench to challenge Supreme Court judgeMunyindaWanki’s ruling.
This is in a case, which MMD’s MulondweMuzungu petitioned the election of Mr Kamondo as United Party for National Development MP for Mufumbwe.
Mr Kamondo on December 31 last year applied for an ex-parte and was granted an order staying execution of High Court Judge Phillip Musonda’s decision to nullify his election.
But Mr Muzungu on January 12 this year filed an ex-parte summons to discharge and set aside the order to stay the execution of the judgement.
Delivering ruling in chambers on March 15, Mr Justice Wanki said Mr Kamondo has not proved that his appeal has merit and has prospects of success.
“The appellant has, therefore, not proved that his appeal is meritorious and has prospects of success.
In the circumstances, I have found that the application has merits. It is accordingly granted as prayed. The order that I granted on December 31, 2010 staying execution of the High Court judgement is set aside,” he said.
Mr Justice Wanki said Mr Kamondo’s grounds to stay the judgement pending appeal, which he said might be in his favour, fall short of the standards set by the law.
He said this is why Mr Kamondo’s lawyers did not refer to the grounds of appeal they had cited.
Mr Justice Wanki said Mr Kamondo’s submissions do not contain material to demonstrate that his appeal has merit. He said Mr Kamondo’s grounds fall short of the requirements.
Mr Justice Wanki said it was an oversight not to appoint an inter-parte hearing date.
He said it is common knowledge to both parties that Mr Kamondo had to show that his appeal is meritorious and had prospects of success to be granted a stay of execution of judgement.
Mr Justice Wanki said Mr Kamondo will bear the costs incidental to the application.
[Zambia Daily Mail]
I hope this justice does not cause a bye election NOW as that will be retrogressive to the economy considering that the general election is arround the conner.
GOD serve Zambia.Another tax payers wasted money caused at the instigation of violence by MMD because they wanted to retain the seat at all costs.Mulondwe Muzungu with his child/murder together with their MMD they have no feelings for Zambians as long as they frustrate HH/UPND and Kamondo they dont care about causing another by-election.After all the money is paid by Zambian tax payer.
HH/UPND is the sure and only HOPE for REAL CHANGE for Zambia.
Now what happens, will the PF contest against UPND and split the votes? Kaili they are no longer partners….
They should nulify the seat so that Pf and Tonga party can go head to head. so that we gauge who has been day dreaming about populality.
No, No, No … Its a the BEMBA party Vs UPND
this is all silly and nonsense..why waste tax payers money when we are almost in election time..?
Please call another bye election, we need it to prove our popularity
UPND IS A KAPONYA PARTY…WHEN EVER THEY HAVE BYE ELECTION ALL YOU HEAR IS FIGHTING. MATURE UP EDUCATED DUDES AS YOU CALL YOSELVES
They should be fighting someone, not among themselves, the question whose the common opponent in all fights …. ? PF. Thats should tell who the kaponyas are. Unless, you also can’t distiguish between black and brown
Im staunch MMD but pliz let us avoid this by election. hope the full bench of the supreme court will delay to rule so that it becomes academic as we go to general polls in july ile sata and hh are still at each other throats
# 4 and # 6. are you telling Zambians that KK, CHILUBA and RB are Tongas for advising WELL MEANING ZAMBIANS not to trust and not to vote for SATA/PF.
You are excited about having a by-election for MMD to continue plunder Zambian people’s wealth just for SATA. That is one of the many reasons and fears Zambians have about SATA/PF being voted because him and his pf supporters are un-reliable, one minute they say money in the pocket for Zambians the next minute SATA/PF say money in the pocket of RB/MMD.
Hope this will not take place now as we go to the general elections. And # 4 DEAD, You are very STUPID for bring in a tribal view in this chat. You are indeed dead as your parents. Ulishilu wecinangwa wee. How shalow and foolish are you to bring in a tribe when every one is talking about parties here. Go to HEAL with your hatred driven by the DEVIL. And if you will not repeant know for sure that you will pay for it.. D…………………………………………….
This would be a waste of resources but laws are laws and should be respected. This is not the first time a UPND held seat has been nullified, common sense should prevail because this small riotous party must be banned from recontesting as a punishment for their violence and electoral malpractices. They can’t go on killing people, violating electoral rules and blame it on bigger parties NO please ban them, they are criminals.
PF kaponya’s! Your party does not stand a chance winning in any region were you are in the minority.Your party can only win were you have crowded yourselves asking for alms from hardworking citizens.
On “But one of Mr Kamondo’s lawyers, Jack Mwiimbu, said the appellant will file a notice of appeal before the full Supreme Court bench to challenge Supreme Court judgeMunyindaWanki’s ruling” let the law go to its logical conclusion but if the MMD prevails in getting the by-election for Mufumbwe the UPND has to beat both the MMD and that small party-cult of Sataism.
Be blest all and vote for the mighty UPND Team to form GRZ Administration this 2011.
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Matt 6:33 But seek ye first the kingdom of God and His righteousness and all these things shall be added unto you.