By PERPETUAL SICHIKWENKWE –
THE Lusaka High Court has thrown out an application by the United Party for National Development (UPND) that was seeking to stop former President Rupiah Banda and two others from using the ‘aleisa’ slogan in the Presidential campaigns for the January 20, 2015 election.
Judge in charge Isaac Chali said the claim of the trade mark by Bwembelo Choongo, a UPND member could not be entertained because it was most ridiculous by any standard.
‘Aleisa’ is a vernacular word meaning someone is on the way which many political parties and those in the football fraternity use.
Mr Chongo, however, dragged Mr Banda, MMD leader Nevers Mumba and Matero Member of Parliament (MP) Miles Sampa to court seeking an order that the slogan and terminology was initiated, adopted as a campaign trade mark for UPND and should therefore not be used by any other party in whatever manner.
He wanted the court to grant him an injunction restraining Mr Banda, Dr Mumba and Mr Sampa from using the slogan during their campaigns and the waving of hands on top of their head associated with the slogan.
Mr Justice Chali said the action by Mr Choongo was an extreme example of the abuse of court process.
Mr Justice Chali said he did not find it necessary to wait any longer for the inter parte summons to be filed by Mr Choongo but instead decided to dispose of the matter on his own to avoid clogging the already congested court system.
“This action is therefore dismissed forthwith” Mr Justice Chali in his ruling which did not have any representative from Mr Chongo and the three defendants.
Considering the nature of the action Mr Justice Chali had asked Mr Choongo to file an inter parte summons but he has not returned to the court to check on his application.
Mr Choongo could not be contacted by the court because he did not provide any contact details which Mr Justice Chali said clearly showed the lack of seriousness on the part of Mr Choongo.
He did not even provide the court with any evidence in the supporting affidavit that he or his political party was entitled to the exclusive use of the slogan or accompanying gesture of waving a hand over the head.