. Banda

By DELPHINE ZULU –
THE Lusaka High Court has dismissed with costs a case which sought to block MMD presidential candidate Rupiah Banda from contesting the forthcoming presidential election.
High Court Judge Isaac Chali threw out the case yesterday on grounds that Toby Maliti abused the court process and described his conduct as detestable.
Mr Justice Chali said he was saddened by the levels of duplication of cases which seemed to have been pinned by the same person who ought to have advised his clients to join to the proceedings at an early stage.
“Indeed the plaintiff’s conduct has been rightly described as forum shopping, a very detestable conduct. The application for an injunction cannot be sustained. The action is, therefore, dismissed,” Mr Justice Chali said.
He said Mr Maliti’s case was similar to the one taken by MMD president Nevers Mumba which was also thrown out and this could have been avoided even though the plaintiffs in the two cases were different.
Judge Chali said the plaintiff had an opportunity to join himself in the earlier action than to belatedly commence separate action.
Mr Maliti had asked the High Court to grant him an interim injunction to stop Mr Banda from filing nomination papers with the Chief Justice, who is the returning officer in the January 2014 presidential election.
He told the court that until the court granted him an interim injunction restraining Mr Banda, he would suffer irreparable damages and that he would not have a chance to be nominated presidential candidate of MMD.
“The NEC conducted the purported selection of the second defendant as the presidential candidate for the 20th January, 2015 presidential election instead of the MMD Electoral Commission as required under the MMD constitution,” he had claimed.