Miles Sampa, the president of one of the Patriotic Front party (PF) factions, has ap
asked the High Court to discharge the ex-parte order halting his decisions to fire Morgan Ng’ona as Secretary General and dissolve the Central Committee.
Sampa, who countersued Ng’ona, contends that the stay order dated July 4, obtained by Ng’ona undermines the effective operations of the PF and is both procedurally and substantively flawed.
Justice Conceptor Zulu also stayed the dissolution of the Central Committee, a decision made by Sampa when he appointed himself Secretary-General.
This stay included all actions taken by Sampa in his self-appointed role, such as the removal of Robert Chabinga from his position as Leader of the Opposition in Parliament.
Sampa argues that the order restrains him from executing his rightful duties as president of the party, leaving the PF in administrative disarray.
He states that the stay order, issued at the behest of Ng’ona, is fundamentally irregular.
He contends that such an order, which is designed to temporarily suspend judicial decisions pending appeal, has been misapplied in this instance, as there was no ruling, judgment, or order necessitating a stay.
He criticized the procedural defects in Ng’ona’s application, noting that the issuance of a stay order in a case commenced through a writ of summons is contrary to established legal principles.
“The procedural irregularity of the plaintiff’s application renders it untenable and improper before this court,” he stated.
Sampa argues that the stay order not only lacks merit but also imposes severe prejudice on the PF by obstructing his ability to govern and manage the party’s affairs.
He added that it disrupts the party’s organisational stability, creating unwarranted delays and hindering crucial decision-making processes.
He pleads with the court to discharge the stay order, branding it as legally unsound, procedurally improper, and prejudicial to the party’s functioning.
