The Court of Appeal has thrown out the application for a stay of judgement by embattled nominated Member of Parliament Raphael Nakachinda against the restoration of Nevers Mumba to the MMD presidency.
Nakachinda had appealed Judge Sharon Newa’s restoration of Mumba to the MMD presidency after a strenuous litigation process.
Justice Siyavwapa threw out the appeal with costs because among others the application was filed on the 11th of November, 2019 when the Registrar of Societies had already changed the office bearers on the 8th of November, 2019.
Judge Siyavwapa further disagreed with the applicant that if the stay is not granted his political career will end.
“There is an argument in paragraph 12 of the 1. The applicant’s affidavit in support of the application that if a stay is not granted, the applicants’ political career will be ruined. I wonder how? But even assuming that that would be the case, I would not be drawn into sympathising with a litigant’s prospective loss at the expense of applying the law as sympathetic judgments are to be frowned upon as guided by the Supreme Court of Zambia in the Revenue Authority versus Post Newspapers”, Judge Siyavwapa said.
Judge Siyavwapa then proceeded to throw out the appeal with costs.
“I therefore, find no merit in the application before me and I dismiss it with costs to be taxed in default of agreement”, Judge Siyavwapa said.