MWENYA Musenge has told the Lusaka High Court that the NDC will be negatively impacted if it does not restrain Chishimba Kambwili from masquerading as party president. This is in a matter where Musenge has sued Kambwili and the new party secretary general Bridget Atanga, seeking an injunction to restrain them from portraying themselves as new party leaders.
The former party secretary general is also seeking an order nullifying all appointments made on April 18, and an order recognising him as the rightful secretary general of the party. According to his arguments in support of summons for an order of injunction, Musenge said the damages caused to him by Kambwili and Atanga could not be atoned through the award of damages but an injunction.
“If I can be fully compensated by an award of damages, no injunction should be granted at all. In this matter, damages cannot atone for the damage I have suffered as a result of the decision made by the defendants, which is contrary to the party constitution,” Musenge said.
The former Copperbelt minister claims that the defendants were now contravening the party constitution and making appointments, which would negatively impact the party if not restrained. Musenge contended that owing to the fact that there was a misunderstanding between the defendants and himself over who should lead the party was evident that he had an arguable case.
“The statement of claim will show that there is a dispute between the plaintiff and the defendants which the court needs to determine at trial,” he said
Musenge further urged the court to exercise its power by stopping Kambwili and Atanga, either by themselves or their agents, from continuing to convene meetings and to make various appointments within the party until the matter is determined or further orders by the court.
“Based on the foregoing, I pray that the order of interim injunction be granted in my favour in order to protect me from irreparable injury arising out of the defendants’ illegal disruption of the party and abrogation of the party constitution and the invalid various appointments made,” prayed Musenge, who was appointed chairperson for chiefs and traditional affairs.