The Lusaka High Court has dismissed an application to determine whether Morgan Ng’ona can sue David Chanda in his capacity as Democratic Front Party secretary general when he has no locus standi to commence the action.
High Court Judge Chalwe Mchenga dismissed the preliminary objections raised by Mr Chanda with costs after he established that Mr Chanda failed to demonstrate or indicate why Ng’ona could not sue him as a secretary general for the party.
The judge said he found no basis for agreeing with him and found the objections had no merit and dismissed them accordingly.
Mr Justice Mchenga said in support of the first objection Mr Chanda’s lawyer submitted that Ng’ona’s claim had not disclosed a factual situation that entitled him to the reliefs that he sought, adding that none of the pleadings or documents filed with the matter suggested that there was a factual situation that required the court’s determination.
As regards to second objection counsel submitted that, being a representative action Ngo’na should have demonstrated that he had the consent of the people whose interests he pupported to represent, adding that he did not demonstrate that was the case..
Last week, Mr Chanda in pursuant to the provisions of Order 14A of the Supreme Court, he raised preliminary issues that Ng’ona in this matter had disclosed a cause of action that allowed him to sustain his action; secondly that Ng’ona had sufficient locus standi to sustain his action.
In affidavits in support of summons to discharge order for leave and stay of the matter to ascertain the DF party leadership, Mr Chanda told the High Court that he was the president of the DF party, and had never relinquished his position to anybody.
He said change of office bearers whose authenticity was in dispute did not indicate the appointment of Mr Ng’ona as secretary general of DF, adding that “it is my belief that this action is wrong before court as the person who has commenced the action has no locus standi to commence the action”.
But Mr Ng’ona, who has sued the Attorney General for an order discharging leave to apply for judicial review in his capacity as secretary general of the DF, argued that the purported register at the Registrar of Societies showing Mr Nyendwa as party SG was actually an extract from the Genuine People’s Platform previously led by Mr Chanda.
Mr Ng’ona said according to minutes of an extraordinary meeting held in December 2014, Mr Nyendwa vacated the seat of SG and never held any other office in the DF.
“That the acting Registrar of Societies has actually prevented the Democratic Front party from updating its records to reflect the current office holders and because of her intransigence, application for leave to commence contempt of court proceedings against her are pending before this honourable court,’’ Mr Ng’ona said.