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Courts can’t make orders not supported by claim of action – judge Zulu

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KELVIN BWALYA FUBE, HOBDAY KABWE, RABSON MALIPENGA VS LAZ-RULING-(1)

LUSAKA High Court judge Mathew Zulu says the courts cannot be invited to make orders and grant reliefs  which are not supported by a claim of action for determination.

Judge Zulu said this when he dismissed a case in which Kelvin Bwalya Fube (KBF) and others were seeking the court’s order that time for tomorrow’s extraordinary general meeting be changed from 08:00 hours to 11:00 hours.

KBF and others were also seeking reliefs that the notice of the EGM be amended by providing for the registration of members attending in person and any proxies carried to the meeting.

They also sought that the EGM elects a chairman from amongst the members of LAZ to preside over the debate of the motion of no confidence, among others.

But the Law Association of Zambia opposed the reliefs KBF and others were seeking and asked the court to dismiss the action.

In his judgement, judge Zulu said the applicants ought to have shown how their rights under Statutory Instrument No. 55 of 1996 had been violated.

It is the view of the court that the reliefs sought in the originating summons could have been properly addressed to the respondent in accordance with the prescribed rules governing the Association. Only when the LAZ refused to abide by its own rules would the courts be invited to protect the rights of its fully paid up members like the applicants,

he said.

Judge Zulu added that he felt it was not necessary to discuss the other grounds he relied upon to dismiss the action.

“I accordingly allow the application and dismiss the proceedings commenced by way of originating summons because of the nature of this application, I make no orders as to costs,” said judge Zulu.

 

 

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