Interpretation of Ruling of Judge Chocho on PF faction groups
By Justine Nkonge
16th January 2024
This is how the matter started.
Nakachinda, on 25th October, took a main matter to court to challenge the validity and legality of Miles Sampa’s extra Ordinary General Conference, which took place the previous day, on 24th October 2023.
The main matter was filled together with an application for injunction to restrain Miles Sampa from carrying himself as a member of PF and as president of the PF.
Judge Chocho on 25th October 2023, granted the order to restrain Sampa from carrying himself as PF member and also as PF President.
The restraining order was granted ex-parte on 25th October 2023.
An injunction does not go to court as a stand alone, it goes with the main matter and the purpose of the injunction is to give temporary relief, as one waits for the determination of the main matter.
The judge also looks at the probability of the plaintiff winning the main matter. The idea is that if the plaintiff wins the case, he or she may suffer irreparable loss, which can not be compasated by the quantum of money, hence the temporal relief to restrain the other part to the case, from doing or not doing anything that would came and affect the plaintiff in an event the plaintiff wins the main matter.
Ex-parte means, the judge only heard Nakachinda on the application of an injunction and did not hear Miles Sampa.
On the 27th of October 2023, two days later, Judge Situmbeko Chocho discharged the injunction in favour of Sampa, meaning Sampa was not restrained from carrying himself as a member of PF and from carrying himself as President of PF.
The judge then allowed for inter-parte hearing of the injunction. Inter-parte means both Parties urgue for and against the application of the restraining order, injunction.
Last month the two parties met for inter-parte hearing and the judge reserved the ruling on those preliminary issues. It is today when Judge yesterday when judge Situmbeko passed the ruling which im trying to break for everyone to understand.
Please note that an injunction is also a preliminary issue in the main case and is decided upon through a court ruling like the one we have today and it is not decided through a Judgement.
A ruling is a decision on the preliminary issues, while a judgment is a decision on the main matter.
The one we have today was a ruling and not a judgment because it was merely answering preliminary issues raised by Miles Sampa through his defence team before trial in the main matter can commence.
In the preliminary issues, Mile Sampa was asking the court to throw out the main matter, contending that Nakachinda had no locus standi or right to sue him on behalf of the party because he was not legally appointed as PF SG, and that, the person who appointed Nakachinda in the name of Given Lubinda had also no locus standi to appoint him, because even him Given Lubinda, was not legally appointed as PF Vice or Actiing president and that there was already an injunction standing which restrained Lubinda from carrying himself as PF Vice president or Acting president
Sampa was again in another preliminary issue asking the court to discharge the other application of an injunction which was counter applied by Nakachinda, where Nakachinda, together with other plaintiffs who joined the case on the way asked Judge Chocho to reinstate the injunction which was discharged on 27th October 2023.
From this background, I can now shed light on the ruling for yesterday by Judge Situmbeko Chocho.
On the first preliminary issue, where Sampa was asking the court to drop Nakachinda from the case as the first plaintiff, on the basis of locus standi, was dismissed or denied. Sampa lost
Sampa’s prayer was not granted, and therefore, Nakachinda remains the first plaintiff to the main matter. This issue doesn’t mean that the court has ruled that Nakachinda is a PF SG, not at all.
In short, the court says Nakachinda whether as an individual member of PF or as a PF SG, has the locus standi to sue Sampa in his individual capacity.
The question before court was, could any other member of PF sue Sampa for being declared as PF President in the 24th October 2023 extraordinary General Conference. The answer is yes, every member of PF has a locus standi to sue Sampa as an individual because each member of a political party has vested interest in his or her political party, among other things to also ensure that, the leadership of the party is legit.
In the case of Democratic Party, where I personally was part of the first plaintiffs to sue Harry Kalaba from carrying himself as president of DP, the court in its preliminary issue ruling held that, by virtua of me, being a member of DP and an office bearer, I had the locus standi to sue Harry Kalaba from posing as a President of DP.
The legal team for bena Harry urgued that because I was not a Secretary General, I could not sue him. The judge refused this lone of urgument and ruled that I had the requisite locus standi by virtual of being a member of DP and also as an office bearer.
The case is almost on all fours with the DP case.
To this effect Nakachinda therefore, only needed to be a member of PF to qualify to sue Miles Sampa. He never needed to be a Secretary General of the PF party to have a locus standi to sue Sampa.
Probably, the legal team for Nakachinda decided to join the other 2nd, 3rd, and 4th plaintiffs on fears that Nakachinda may be removed as the first plaintiff, and it could render the case dismissed and loose will loose. A case will not fail to proceed if one of the plaintiffs is disjointed from the case. Even when Sampa succeeded on the first preliminary issues, the fact that there were other plaintiffs who joined the matter, the case could have still continued to be heard. I think the Nakachinda PF fuction group cured this issue by joining other plaintiffs as they did.
lin an event where it is the party which is a legal person capable of suing or be sued, then the court will require that the Secretary General of the Party should be the one to sue or to be sued on behalf of the party.
For example, if the party PF was deregisted and there is a need to apply for a judicial review to check whether the decision by the registrar of Societies was legal, followed the procedure and was Wednesbury reasonable. In that instance, the court will then require a Secretary General to apply for such a Judicial review on behalf of the party since the party is not a natural person but a legal person which can be sued or sue through its chief Executive officer who is the Secretary General of that party.
The second preliminary issue by the defendant, Mr Miles Sampa, was that the court should discharge the counter injunction by Nakachinda, which was asking the court to reinstate the earlier discharged injunction.
The court held in Sampa’s favour and ruled that the injunction can not be reinstated once discharged and, therefore, it remains discharged.
So, in today’s ruling, the first preliminary issues by Sampa was denied, while the second preliminary issue was sustained and allowed.
The scores of the ruling by Judge chocho was therefore that, Sampa’s PF scored 1 and Nakachinda’s PF also scored 1 and the match was a draw.
The diffence in the scores was that, Sampa’s score has allowed him to continue as PF president until when the main matter will be disposed off, while Nakachinda’s score means that, he has been maintained as first plaintiff and has not been confirmed as PF Secretary General.
I submit
Justine Nkonge
This post really resonated with me. Keep up the good work.
hey there and thank you for your info – I’ve certainly picked up something new from right here.
I did however expertise several technical issues using this site, since I experienced to reload the web
site a lot of times previous to I could get it to load properly.
I had been wondering if your hosting is OK?
Not that I am complaining, but sluggish loading instances times will very frequently affect your placement in google and
could damage your high quality score if advertising and
marketing with Adwords. Anyway I am adding this RSS to my email and could look out for much more of
your respective fascinating content. Make sure you update this again soon..
Hello there! This is my first visit to your blog! We are a collection of volunteers and starting a
new initiative in a community in the same niche.
Your blog provided us beneficial information to work on. You
have done a wonderful job!
Hello, it’s Charles here, concerning you from the land of endless opportunity– or as we like to call it, the 1K a Day System. Here, we teach you how to earn more than a well-fed squirrel collects nuts for the winter. If you’re ready to accumulate those digital acorns, hop on board! Let’s make your savings account as plump as those saucy animals by signing up today.
Hello there! Just stopping in to express my admiration for your fantastic blog. Your expertise on affiliate marketing are priceless. Making money from home has never been easier with affiliate marketing. It’s a great way to build passive income by promoting products or services you believe in. Your blog provides a treasure of insights for those interested in making money from home. Keep on the awesome work!
Hello there! Just dropping in to express my appreciation for your excellent blog. Your insights on affiliate marketing are genuinely commendable. Making money from home has never been more achievable thanks to affiliate promotion. It’s all about leveraging your online presence and promoting goods or services that resonate with your audience. Your blog is a valuable resource for those curious about affiliate marketing. Keep on the fantastic work!
Hello there! Just dropping in to praise your remarkable blog. Your expertise on affiliate marketing are truly inspiring. Earning an income from home has never been more accessible thanks to affiliate promotion. It’s all about leveraging your online presence and promoting items or services that resonate with your audience. Your blog is a invaluable resource for those curious about making money from home. Keep on the amazing work!
Bongdalu cập nhật tin tức bóng đá nóng hổi, thể thao sôi động và giải trí hấp dẫn
Rồng Bạch Kim – Soi cầu lô chính xác miễn phí chính xác số #1 2024
Motchilltv.fyi – Trang web xem phim Online chất lượng Full HD với giao diện thân thiện, trực quan cùng kho phim với hơn 15.000+ bộ phim mới và phim hot hiện nay.
https://www.producthunt.com/@bongdalu0101
https://colab.research.google.com/drive/1zWKEgMbLlXa9GQFz3gpd0OXyNCwSs8t5#scrollTo=mRNLim5TQz5V
https://www.symbaloo.com/shared/AAAAAWEcz2oAA41-44_g4Q==
https://www.bricklink.com/aboutMe.asp?u=8daybet1
You’re so interesting! I don’t suppose I have read through a single thing like that before. So nice to discover someone with some genuine thoughts on this subject. Seriously.. thank you for starting this up. This web site is one thing that’s needed on the internet, someone with some originality.
Excellent post. I’m experiencing a few of these issues as well..
This page really has all of the information I wanted concerning this subject and didn’t know who to ask.
I need to to thank you for this wonderful read!! I certainly enjoyed every little bit of it. I’ve got you book-marked to check out new stuff you post…
I’d like to thank you for the efforts you’ve put in writing this website. I really hope to view the same high-grade content by you in the future as well. In fact, your creative writing abilities has motivated me to get my own blog now 😉
After looking at a few of the blog posts on your site, I honestly like your technique of blogging. I added it to my bookmark site list and will be checking back in the near future. Please visit my website too and tell me your opinion.
Very good information. Lucky me I ran across your blog by accident (stumbleupon). I’ve book marked it for later.
I wanted to thank you for this excellent read!! I definitely loved every bit of it. I have got you book marked to look at new things you post…
Pretty! This was a really wonderful post. Thank you for providing this info.
Spot on with this write-up, I absolutely feel this amazing site needs far more attention. I’ll probably be returning to read more, thanks for the info!
Encore merci pour ce post et continuez votre excellent travail. ??
Merci pour cet article super intéressant sur [thème de l’article] ! Je voulais juste ajouter un point qui pourrait intéresser certains d’entre vous. Si vous êtes curieux ou cherchez des informations supplémentaires sur les produits liés à l’amélioration de l’expérience de discuter et de futur rencontre et du bien-être personnel, j’ai récemment découvert un site très complet, [Chemsexworld.com]( Chemsexworld.com .?
I was able to find good advice from your blog articles.
Encore merci pour ce post et continuez votre excellent travail. ??
Greetings! Very useful advice within this post! It is the little changes that produce the most important changes. Thanks a lot for sharing!
Encore merci pour ce post et continuez votre excellent travail. ??
Merci pour cet article super intéressant sur [thème de l’article] ! Je voulais juste ajouter un point qui pourrait intéresser certains d’entre vous. Si vous êtes curieux ou cherchez des informations supplémentaires sur les produits liés à l’amélioration de l’expérience de discuter et de futur rencontre et du bien-être personnel, j’ai récemment découvert un site très complet, [Chemsexworld.com]( Chemsexworld.com .?
Ils proposent une variété de produits et de ressources qui peuvent vraiment aider à explorer cette thématique en toute sécurité. Ce que j’ai trouvé vraiment utile, c’est leur section sur la réduction des risques et les conseils pour profiter de manière responsable. Ça pourrait être un bon complément à cet article !
Pretty! This was a really wonderful article. Thank you for supplying this info.
I blog quite often and I seriously appreciate your information. This great article has truly peaked my interest. I will take a note of your blog and keep checking for new information about once a week. I opted in for your Feed too.
This excellent website definitely has all of the information I needed about this subject and didn’t know who to ask.
I blog quite often and I seriously appreciate your information. This great article has truly peaked my interest. I will take a note of your blog and keep checking for new information about once a week. I opted in for your Feed too.
I blog quite often and I seriously appreciate your information. This great article has truly peaked my interest. I will take a note of your blog and keep checking for new information about once a week. I opted in for your Feed too.
I blog quite often and I seriously appreciate your information. This great article has truly peaked my interest. I will take a note of your blog and keep checking for new information about once a week. I opted in for your Feed too.
I blog quite often and I seriously appreciate your information. This great article has truly peaked my interest. I will take a note of your blog and keep checking for new information about once a week. I opted in for your Feed too.
Good post. I learn something new and challenging on sites I stumbleupon every day. It’s always interesting to read through content from other authors and practice something from their sites.
bookmarked!!, I really like your website!
Merci pour ce bel article ![url=https://chemsexworld.com/]:)[/url]
There is definately a great deal to find out about this issue. I really like all the points you’ve made.
Hello! I just would like to give you a big thumbs up for the great info you have got right here on this post. I will be coming back to your blog for more soon.
Hi! I simply want to offer you a huge thumbs up for your great information you have got here on this post. I am returning to your website for more soon.
Greetings! Very useful advice in this particular post! It is the little changes which will make the greatest changes. Thanks a lot for sharing!
Merci pour ce bel article 🙂 !
This is the perfect website for everyone who wishes to understand this topic. You know a whole lot its almost tough to argue with you (not that I personally would want to…HaHa). You certainly put a brand new spin on a subject that has been written about for decades. Great stuff, just excellent.
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
Great article. I will be experiencing some of these issues as well..
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
I seriously love your site.. Excellent colors & theme. Did you build this site yourself? Please reply back as I’m trying to create my very own site and want to learn where you got this from or just what the theme is called. Kudos.
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
I wanted to thank you for this very good read!! I certainly loved every little bit of it. I’ve got you book-marked to look at new things you post…
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
Merci pour ce bel article 🙂 !
Greetings! Very helpful advice within this article! It is the little changes which will make the most significant changes. Thanks a lot for sharing!
Hello there! I could have sworn I’ve been to this web site before but after going through many of the articles I realized it’s new to me. Anyhow, I’m definitely happy I discovered it and I’ll be bookmarking it and checking back frequently.
Greetings! Very helpful advice within this article! It is the little changes that make the largest changes. Many thanks for sharing!
Oh my goodness! Awesome article dude! Thank you so much, However I am going through issues with your RSS. I don’t understand the reason why I can’t subscribe to it. Is there anybody getting similar RSS problems? Anyone that knows the answer can you kindly respond? Thanks.
https://suncity888.dad/
An impressive share! I’ve just forwarded this onto a friend who was doing a little research on this. And he actually bought me lunch because I discovered it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanx for spending time to discuss this topic here on your website.
Your style is very unique compared to other folks I have read stuff from. Thanks for posting when you have the opportunity, Guess I’ll just book mark this site.
May I simply just say what a comfort to uncover a person that actually understands what they are talking about on the web. You definitely realize how to bring a problem to light and make it important. More and more people ought to look at this and understand this side of your story. I was surprised you aren’t more popular because you surely have the gift.
I need to to thank you for this great read!! I absolutely loved every little bit of it. I’ve got you book marked to look at new things you post…
Pretty! This was an extremely wonderful post. Thanks for providing these details.
I was excited to discover this page. I need to to thank you for your time due to this wonderful read!! I definitely liked every part of it and I have you bookmarked to look at new things on your web site.
You’re so cool! I don’t think I’ve truly read a single thing like this before. So great to discover someone with some original thoughts on this subject matter. Really.. many thanks for starting this up. This website is something that is required on the web, someone with a bit of originality.
Next time I read a blog, I hope that it does not fail me just as much as this one. After all, Yes, it was my choice to read through, nonetheless I genuinely thought you would have something useful to say. All I hear is a bunch of moaning about something that you could possibly fix if you weren’t too busy looking for attention.
I really like reading through a post that will make people think. Also, many thanks for allowing me to comment.
Good info. Lucky me I came across your website by accident (stumbleupon). I have saved it for later!
This is a topic that’s near to my heart… Best wishes! Where can I find the contact details for questions?
After looking into a few of the articles on your site, I truly appreciate your way of writing a blog. I saved it to my bookmark website list and will be checking back soon. Please visit my website too and tell me what you think.
I wanted to thank you for this very good read!! I absolutely loved every little bit of it. I’ve got you bookmarked to check out new things you post…
I quite like reading an article that can make men and women think. Also, thanks for allowing me to comment.
link tải go88
Saved as a favorite, I like your web site!
Pretty! This has been an extremely wonderful article. Thank you for supplying this information.
You’re so cool! I do not believe I’ve truly read anything like this before. So great to discover somebody with a few unique thoughts on this topic. Seriously.. thanks for starting this up. This website is something that is required on the internet, someone with some originality.
Great info. Lucky me I found your website by chance (stumbleupon). I have book marked it for later!
Hi there! This article couldn’t be written any better! Looking at this article reminds me of my previous roommate! He always kept preaching about this. I will send this post to him. Fairly certain he’s going to have a great read. I appreciate you for sharing!
This is the perfect site for anybody who wishes to find out about this topic. You understand a whole lot its almost hard to argue with you (not that I actually will need to…HaHa). You definitely put a fresh spin on a subject that’s been written about for years. Great stuff, just great.
Way cool! Some very valid points! I appreciate you penning this write-up plus the rest of the site is also really good.
You’re so cool! I do not believe I’ve read a single thing like this before. So wonderful to find someone with original thoughts on this subject matter. Seriously.. thank you for starting this up. This web site is something that is needed on the web, someone with a little originality.
Pretty! This has been an extremely wonderful article. Thank you for providing this information.
Pretty! This was an extremely wonderful article. Thanks for providing this info.
Merci j’ai appris beaucoup avec ton article 🙂 !
Hey there! Just felt like stopping by to inform you how much I appreciate your blog. Your insights on affiliate marketing are genuinely noteworthy. Earning an income from home has never been more achievable thanks to affiliate promotion. It’s all about discovering the perfect goods to promote and establishing connections with your audience. Your blog is a goldmine trove of information for up-and-coming online entrepreneurs. Keep doing the great work!
Hey everyone! Pause to appreciate the tiny things in life. Those small things are often the biggest blessings.
Merci j’ai appris beaucoup avec ton article 🙂 !
Merci j’ai appris beaucoup avec ton article 🙂 !
Hey there! Envelop yourself with optimism and encouragement. You are valued of greatness.
Aw, this was an extremely nice post. Finding the time and actual effort to create a good article… but what can I say… I put things off a lot and don’t seem to get nearly anything done.
Hi there! Just a friendly reminder that you are special and irreplaceable. Cherish your distinctiveness and glow bright!
Excellent blog you’ve got here.. It’s difficult to find excellent writing like yours these days. I really appreciate people like you! Take care!!
Merci j’ai appris beaucoup avec ton article 🙂 !
I blog frequently and I genuinely thank you for your content. The article has really peaked my interest. I will take a note of your site and keep checking for new details about once per week. I subscribed to your Feed too.
Your style is very unique compared to other folks I have read stuff from. Many thanks for posting when you’ve got the opportunity, Guess I will just bookmark this blog.
Hey there! Pause to inhale deeply and seek peace within. In the midst of chaos, find stillness in your heart.
Excellent post. I’m experiencing many of these issues as well..
Pretty! This has been a really wonderful article. Many thanks for supplying this info.
You should take part in a contest for one of the greatest blogs online. I am going to highly recommend this blog!
Great site you have got here.. It’s difficult to find good quality writing like yours nowadays. I truly appreciate people like you! Take care!!
Spot on with this write-up, I truly believe this site needs a lot more attention. I’ll probably be returning to read more, thanks for the information.
Hi friends! Accept the path of self-discovery and personal development. Every step brings you closer to uncovering your true potential.
Is your business not growing? I know how you feel until I learned that there are only three things you need to really make it happen. First, you need an EMAIL LIST. Without an email list, you don’t know who your audience is or how to market to them. Then, you need THE OFFER. When you know what your audience needs, you can offer a solution. And most of the time, the biggest problem they face is TRAFFIC. Without traffic, no list, no sales. But when you get these right, you can scale your business, offer more products, and increase your revenue. Think about it: growing your audience, providing traffic, and earning money every time your clients buy again. That’s what you want, right? You’ve got to check this out — go here and let me know what you think!
Hi there! Reminder that you’re unique and unrepeatable. Celebrate your uniqueness and glow bright!
Hello beautiful souls! Life can be filled with difficulties, but each challenge presents an development chance. Embrace them and grow!
Hey there! Embrace growth with open mind. Growth brings new opportunities.
Hey there! Reminder to show kindness to yourself today. You deserve love, compassion, and self-care.
Hey there! Take a moment to breathe deeply and find peace within. In the midst of chaos, seek stillness in your heart.
Hello dear friends! No matter what you’re going through, always maintain hope. Sunnier days are on the horizon.
Having read this I thought it was very enlightening. I appreciate you finding the time and effort to put this information together. I once again find myself personally spending a lot of time both reading and leaving comments. But so what, it was still worthwhile!
Hey there! Embrace the path of life with open heart. Each experience provides valuable lessons.
Hey beautiful souls! Embrace each day with appreciation in your heart. Gratitude unlocks the door to blessings.
Greetings! Very helpful advice within this article! It is the little changes that make the biggest changes. Many thanks for sharing!
Howdy, There’s no doubt that your site could possibly be having browser compatibility problems. When I look at your blog in Safari, it looks fine however, when opening in Internet Explorer, it has some overlapping issues. I just wanted to give you a quick heads up! Besides that, great blog.
When I initially left a comment I seem to have clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I recieve 4 emails with the exact same comment. Perhaps there is an easy method you can remove me from that service? Thanks.
There is definately a great deal to learn about this subject. I really like all of the points you have made.
That is a great tip especially to those new to the blogosphere. Simple but very accurate info… Many thanks for sharing this one. A must read post.
Hey there! Immerse your heart with appreciation. Gratitude opens the door to abundance.
I really like reading an article that can make men and women think. Also, many thanks for permitting me to comment.
Your style is unique compared to other folks I’ve read stuff from. Thanks for posting when you have the opportunity, Guess I will just book mark this page.
Good day! I could have sworn I’ve visited this site before but after browsing through some of the posts I realized it’s new to me. Regardless, I’m certainly happy I stumbled upon it and I’ll be bookmarking it and checking back frequently.
A motivating discussion is worth comment. I believe that you ought to publish more on this subject matter, it may not be a taboo subject but usually people do not talk about such issues. To the next! All the best!
Hi, I do believe this is a great blog. I stumbledupon it 😉 I may return yet again since I book-marked it. Money and freedom is the greatest way to change, may you be rich and continue to help other people.
May I simply just say what a comfort to uncover a person that really knows what they are talking about on the net. You definitely understand how to bring an issue to light and make it important. More people have to look at this and understand this side of your story. I can’t believe you’re not more popular given that you surely possess the gift.
It’s hard to find well-informed people on this topic, however, you sound like you know what you’re talking about! Thanks
Everything is very open with a precise description of the challenges. It was really informative. Your website is very useful. Many thanks for sharing!
Howdy! This article couldn’t be written any better! Looking at this post reminds me of my previous roommate! He continually kept talking about this. I am going to send this article to him. Pretty sure he’ll have a good read. Thanks for sharing!
Oh my goodness! Incredible article dude! Thank you, However I am experiencing problems with your RSS. I don’t understand the reason why I cannot subscribe to it. Is there anyone else getting similar RSS problems? Anybody who knows the answer can you kindly respond? Thanx!
Spot on with this write-up, I absolutely believe that this website needs much more attention. I’ll probably be returning to read more, thanks for the advice.
Greetings! Very useful advice in this particular article! It’s the little changes that produce the most significant changes. Thanks a lot for sharing!
It’s hard to come by well-informed people on this subject, but you sound like you know what you’re talking about! Thanks
I was very pleased to discover this website. I wanted to thank you for your time due to this fantastic read!! I definitely liked every little bit of it and i also have you saved to fav to look at new things on your blog.