High Court refuses to quash HH’s ‘unlawful arrest’

The Lusaka high court has dismissed Hakainde Hichilema’s petition in which he was seeking the courts order to quash his unlawful arrest.

Hichilema recently filed two separate petitions in the high court and constitutional court over his arrest and sought for constitutional bail pending the hearing of his treason case.

But High court Judge Betty Mung’ombe has dismissed Hichilema’s petition to avoid relitigating on the same issues.

“I am of the firm view that the matter before me must be dismissed to avoid relitigating on the same issues,” Mung’omba said.

“The judge has refused to the proceedings as pleaded by the Attoney General as the petitioners will have their case again in the Constitutional Court where they have applied for bail. I am disinclined to stay proceedings because I see no reason why I should stay, as the petitioners will have their day in the Constitutional Court.”

The judge agreed with the state that there is a multiplicity of action by filing same petitions even though the high court is the only court with the preserve of hearing matters concerning the Bill of Rights.

“I therefore find and hold that this action amounts to a multiplicity of action which is undesirable,” said Mung’omba.

In this matter the Attorney General asked the court to stay the proceedings pending the determination of the court application to set aside constitutional court proceedings for duplicity and abuse of court process.

         

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