Musenge prays court grants him injunction to stop Kambwili

6th June 2019

Courts

National Democratic Congress (NDC) party consultant Chishimba Kambwili, secretary general Mwenye Musenge and other party officials in Mazabuka during their consultative meeting on December 18, 2017 - Picture by Tenson Mkhala

Courts

National Democratic Congress (NDC) party consultant Chishimba Kambwili, secretary general Mwenye Musenge and other party officials in Mazabuka during their consultative meeting on December 18, 2017 - Picture by Tenson Mkhala

Estranged NDC secretary general Mwenya Musenge says if the High Court does not restrain Chishimba Kambwili from portraying himself president of the NDC, a party he worked so hard for, he will be negatively impacted.

This is the matter in which Musenge had sued Kambwili and the party interim Secretary General Bridget Atanga, seeking an injunction to restrain them from portraying themselves as new leaders of the party.

He further wants an order nullifying all appointments made on April 18, 2019, and an order recognizing him as the rightful secretary general of the party.

In his arguments in support of summons for an order of injunction, Musenge stated that the damages caused on him by Kambwili and Atanga could not be atoned for through the award of damages, but an injunction.

“In this matter, damages cannot atone for the damage I have suffered as a result of the decision made by the defendants, which is contrary to the party constitution,” Musenge stated.

He claimed that Kambwili and Atanga had embarked on contravening the party constitution and making appointments, which if left unrestrained, would negatively impact the party.

Musenge stated that the mere fact that there was a dispute between him and the defendants as to who should be at the helm of the party, was evident that he had an arguable case.

“The statement of claim will show that there is a dispute between the plaintiff and the defendants, which the Court needs to determine at trial,” Musenge stated.

He urged the Court to exercise its jurisdiction by restraining Kambwili and Atanga either by themselves or their agents from continuing to convene meetings, making various appointments within the party until final determination of the matter or further orders by the Court.

“Based on the foregoing, I pray that the order of interim injunction be granted in my favour in order to protect me from irreparable injury arising out of the defendant’s illegal disruption of the party and abrogation of the party constitution and the invalid various appointments made,” stated Musenge.