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Court stops installation of Senior Chief Mukuni Ngombe

THE Court of Appeal has frustrated the installation of Phannwell Chikalakasa as Senior Chief Mukuni Ng’ombe.

Court of Appeal judge Kelvin Muzenga has granted an interlocutory injunction to chief Liteta (Charles Mulando) prohibiting chief Chitanda from potraying himself as Senior Chief Mukuni Ng’ombe.

Chief Liteta appealed High Court judge Susan Wanjelani’s decision to deny him an interim injunction restraining chief Chamuka (Morgan Ngulube) from installing Phanwell Chikalasa to the throne of Senior Chief Mukuni Ng’ombe.

Judge Wanjelani in her ruling said the plaintiff had not shown that he would suffer irreparable damage if the application for an injunction was not granted.

This is in a matter where chief Liteta has sued chief Chitanda and chief Chamuka in the Lusaka High Court seeking an order that he is the right heir to the throne.

Charles Mulando, suing in his capacity as the traditional ruler of the Lenje people and longest serving junior chief as well as heir to the throne of Senior Chief Mukuni Ng’ombe is challenging the installation of chief Chitanda (Phanwell Chikalasa) as Senior Chief Mukuni Ng’ombe.

He is seeking an order that the court nullifies the appointment of Chikalakasa as Senior Chief Mukuni Ng’ombe.

Mulando wants an order of interim injunction restraining chief Chamuka (Morgan Ngulube) from installing Chikalasa to the throne of Senior Chief Mukuni Ng’ombe until the determination of the matter.

In an ex-tempo ruling, judge Muzenga said if the injunction sought was not granted, chief Liteta might lose an opportunity to ascended to the throne of Senior Chief Mukuni Ng’ombe and consequently chief Chitanda would ascend to the throne.

He said it was not clear how long the main matter in the High Court would take before being concluded as it could take years.

“If at the close of the judgement the court finds the applicant to be the rightful heir to the throne, would damages be an adequate atonement for the depreciation of chief Liteta’s ascendance to the throne? The answer is certainly not. In fact, the consequence of having a wrong person sit on the throne has far reaching consequences on the community as a whole. A lot of decisions wrong or right could be made in the chiefdom which may never be undone,” judge Muzenga said.

“I find that damages cannot adequately remedy the injury which will possibly be occasioned. Great inconvenience lies on Chief Liteta should the application not be granted.”

He said it was difficult to consider and rule over the issue.

“I am satisfied that the application for an order of an interlocutory injunction before me has merit and I hereby grant it as prayed,” said judge Muzenga.

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