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PF vice-president Given Lubinda has asked the Lusaka High Court to set aside its order granting Miles Sampa permission to institute contempt of Court proceedings against him, for irregularity.
Lubinda claims that he was not personally served with the notice of motion for an order of committal and supplemental documents.
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In this matter Sampa has sued the PF in the Lusaka High Court for suspending him from the party.
Sampa wants Lubinda and PF Secretary General Raphael Nakacinda committed to prison for disregarding Judge Timothy Katanekwa’s directive restricting them from from posing as party leaders.
Sampa who instituted fresh contempt of court proceedings is aggrieved that Lubinda went against the Court order when he appointed Nakacinda as PF Secretary General to promote the ‘alebwelelapo’ agenda as directed by PF boss Edgar Lungu.
According to an affidavit in support of notice of motion to set aside the exparte order for leave to issue committal proceedings and the notice of motion of committal for irregularity, Lubinda said the application for committal proceedings has no affidavit supporting Sampa’s motion for contempt proceedings.
“The court cannot entertain the committal proceedings owing to the irregularity stated in the attendant notice of motion. The committal proceedings are not competently before this court,” said Lubinda.
“This court has power to set aside and or dismiss the committal process filed into this court.”
Meanwhile Sampa has been abandoned by his lawyer retired Major Imasiku Lifunana of Messrs Bancroft Legal Practitioners for failing to provide proper and timely instructions.
By Mwaka Ndawa
Kalemba October 12, 2023.
