DEMOCRATIC Party secretary general Judith Kabemba and party treasurer Justine Nkonge have insisted that they have locus standi to raise a cause of action against Harry Kalaba, seeking an injunction to restrain him from holding himself out as party president.
In this matter, Kabemba and Nkonge are seeking a declaration that Kalaba is not president of the Democratic Party and as such, should cease to hold himself as such and further, an interim Injunction restraining him from holding himself as Party President for the Democratic Party and/or making any appointments of persons to positions within the party, receiving finances on behalf of the party as well as holding any meetings on behalf of the party until proceedings hereof are determined.
They are further seeking a permanent injunction restraining Kalaba from holding himself out as party president for the Democratic Party and a declaration that all unilateral decisions made by the Defendant on 25th September, 2021 wherein he dissolved/relieved the Democratic National Committees Chairpersons countrywide, the appointment of one Javis Chabi as National Secretary and the creation of a dual Vice Presidency for the Democratic Party are null and void ab initio for being in breach of the Democratic Party’s Constitution.
The duo are also seeking an Order nullifying all unilateral appointments made by Kalaba on account of want of authority and being ultra vires the Democratic Party’s Constitution, costs and any other reliefs the court may deem fit.
Earlier, Chabi applied to raise preliminary issues, asking the court whether the plaintiffs had locus standi to bring an action before court and whether the plaintiffs are office bearers considering the fact that they were suspended from the party following the extra ordinary meeting held by the DP National Committee on October 19,2021.
He was further asking whether the action was naturally before the court considering that the plaintiffs had not exhausted internal channels within the party structures for resolving disputes and whether the purported exhibit should be expunged from the affidavit considering that it is illegible.
But according to the affidavit in opposition to raise preliminary issues, the duo argued that Chabi is not a party to the proceedings and not competent to depose to an affidavit relating to the proceedings and noted that the said affidavit ought to be expunged from the record as it is sworn by a stranger and/or none party to the proceedings hereof.
They further noted that they are registered office bearers of the Democratic Party and as such have locus standi to commence the action.
“That as far as the records are concerned at the Registrar of Societies we still remain office bearers for the Democratic Party,” the duo stated.
The duo stated that Kalaba was merely invited to contest elections as presidential candidate for the party and at no point was he elected as a president for the party.
“That we are advised by Counsel and we do agree that we have revealed causes of action as such this Court is clothed with sufficient jurisdiction to hear the matter hereof,” stated the duo.