In this matter, Musenge had sought an interpretation of the NDC Constitution regarding the status of party Leader Chishimba Kambwili, Secretary General Bridget Attanga and the entire central committee.
Musenge had contended that Dr. Kambwili, Mrs Attanga and the entire central committee were illegally in court.
Judge Ruth Chibbabuka presided over the matter.
In throwing out the matter, judge Chibbabuka ruled that the matter bought by Musenge was frivolous as it lacked merit.
The judgement now means that Dr. Kambwili remains as President of the NDC including Secretary General Bridget Attanga and the entire central committee remains intact.
A fortnight ago, Musenge had dragged the party to court following his removal as NDC Secretary General.
He was claiming that Dr. Kambwili was in office legally.
Lawyer Christopher Mundia represented Dr. Kambwili and Mrs. Attanga in this matter.
Andrew Musukwa represented Musenge.