The Lusaka High Court has granted chief Kakumbi of the Chikunda people of Mambwe District an order of interim injunction, restraining senior chief Nsefu from dethroning him and installing another in his place.
According to an interim order of injunction signed by Lusaka High Court Judge Catherine Phiri, senior chief Nsefu has been restrained until further order of the Court, pending hearing of inter-parte summons for an interlocutory injunction on January 30.
“Upon hearing counsel for the plaintiff, and upon reading the plaintiff’s affidavit filed in support of the application, and upon the plaintiff undertaking as to damages, it is, hereby, ordered that the defendant, his servants, agents, workmen or whosoever be and are, hereby, restrained from dethroning the plaintiff and from installing any other person in his place as chief until further order of the Court, pending the hearing of inter-parte summons for an interlocutory injunction on January 30,” read the interim order of injunction.
In this matter, chief Kakumbi has sued senior chief Nsefu in the Lusaka High Court, seeking a declaration that he is the current and reigning chief Kakumbi.
Chief Kakumbi, whose names are John Kunda Kapepa and was dethroned by senior chief Nsefu for alleged insubordination, also wants a declaration that his purported dethronement as chief Kakumbi was contrary to section 4 of the Chiefs Act, Chapter 287 of the laws of Zambia and is, thus, null and void.
Kapepa is also seeking an order of interim injunction, restraining senior chief Nsefu, his servants, agents or whosoever from dethroning or attempting to dethrone him from the throne as chief Kakumbi.
He also wants senior chief Nsefu to be restrained from interfering with his administration of the Kakumbi Chiefdom and from appointing or purporting to appoint any person to act in his position pending the determination of the matter by the Lusaka High Court.
In a statement of claim filed in the Lusaka High Court Principal Registry, January 17, Kapepa stated that he was duly gazetted as Chief Kakumbi of the Chikunda people, while senior chief Nsefu (Smart Sonkhani Phiri) was the presiding chief of the Chikunda people in Nsefu’s Chiefdom.
Kapepa stated that on January 2, this year, senior chief Nsefu, by way of a letter dated December 28, 2019, informed him that he had been dethroned as Chief Kakumbi with immediate effect.
He stated that senior chief Nsefu based the decision to remove him from the throne on alleged insubordination, violence, arson, refusal to give consent to land by applicants and demolishing houses and other structures, among others.
Kapepa stated that he had never been charged with any offence by senior chief Nsefu, neither had he been heard on any allegations that had been advanced by senior chief Nsefu, and no previous communication exist to support the allegations leveled against him.
Kapepa stated that the real controversy that he had with senior chief Nsefu was centred around the illicit activities by the senior chief to sell land to unsuspecting individuals and businesses in his chiefdom without consulting him, which illegal acts had resulted in land conflicts.
He claimed that he had thwarted these illegal land activities hence senior chief Nsefu’s reaction of allegedly dethroning him.
Kapepa lamented that as a result, he had suffered loss and damage.
He is represented by Lusaka lawyers Gilbert Phiri of PNP advocates and Kampamba Kombe of Andrews and Partners.