The Court of Appeal has quashed the ruling of the Lusaka High Court, which refused to join Gary Nkombo and Chishimba Kambwili to a case where some Lusaka residents are challenging the Speaker of the National Assembly’s decision to table a motion to impeach President Edgar Lungu.
Court of Appeal Judge Fulgency Chisanga has ordered that Nkombo, who is Mazabuka UPND member of parliament and Kambwili, the NDC leader, be joined to the judicial review proceedings as parties that are properly interested in the same.
In this matter, Nkombo and Kambwili, as movers of the motion, had asked to join the case in which Robert Chabinga and Henry Mulenga had challenged Speaker of the National Assembly Dr Patrick Matibini’s decision to entertain the impeachment motion in the Lusaka High Court on grounds that any decision, which would be arrived at, would affect them.
Chabinga and Mulenga cited the Attorney General as the respondent.
However, Lusaka High Court Judge Annesie Banda Bobo declined to join them to the proceedings on grounds that they did not have sufficient interest to warrant them being joined.
But Kambwili and Nkombo appealed to the Court of Appeal against Judge Bobo’s decision.
In a notice of appeal filed in the Court of Appeal, May 24, Nkombo and Kambwili expressed dissatisfaction with Justice Banda-Bobo’s ruling.
“Take notice that Gary Nkombo and Chishimba Kambwili being dissatisfied with the ruling of the Honourable Justice Mrs A. Banda-bobo given in the High Court on 24th day of May, 2018, intends to appeal to the Court of Appeal against the whole ruling,” read the notice of appeal.
According to a memorandum of appeal, Nkombo and Kambwili appealed the ruling with four grounds.
They stated that the learned trial Judge misdirected herself when she held that Nkombo and Kambwili had not demonstrated sufficient interest in the proceedings to warrant them being joined.
The two stated that the learned trial Judge also erred in law and in fact when she held that the application for joinder was fatally flawed on account of having been brought under a wrong provision of the law.
“In fact the Appellants had invoked the inherent jurisdiction of the Court in making the application,” they stated.
Nkombo and Kambwili further stated that the trial Judge erred in law and fact when she dismissed their application for joinder with costs.
And delivering the judgment of the Court of Appeal, Justice Chisanga quashed the ruling of Judge Bobo and ordered that Nkombo and Kambwili be joined to the Judicial review proceedings as parties that were properly interested in the same.
The Court of Appeal further reversed the High Court’s order that costs were to be borne by Nkombo and Kambwili and ordered instead that each party bear own costs both in the High Court and in the Court of Appeal.
In this matter, Nkombo was represented by Mulambo Haimbe of Malambo and Co, while Kambwili was represented by Gilbert Phiri of PNP Advocates, Christopher Mundia of CLM Legal Practitioners and Zevyanji Sinkala of Muleza Mwiimbu and Company.
The respondents were represented by Hobday Kabwe, Ignatius Chooka, Lewis Mosho and the Attorney General’s Chambers.