By GRACE CHAILE LESOETSA
CHISHIMBA Kambwili’s application challenging the decision of Ndola High Court judge Mary Mulanda to allow the Joseph Akafumba led NDC to commence contempt proceedings against him has been dismissed by the Court of Appeal.
Mr Kambwili,Saboi Imboela, Dr Paul Mbulo and Ackson Kaonga cited National Democratic Congress (NDC) Secretary General Bridget Atanga as respondent.
The four contended that Ms Justice Mulanda erred in law and fact when she allowed the Akafumba faction to commence committal proceedings against them.
They also argued that the Judge erred in law and fact when she allowed Ms Atanga to commence contempt of court proceedings against them without having paid costs in a discontinued matter against Kambwili in the Lusaka High Court.
But Court of Appeal judge Catherine Makungu said the four should have sought leave of the Ndola High Court before filing the appeal which makes it incompetent.
She ruled that according to order 10 Rule 4(1) of the Court of Appeal rules, the lower court has power to grant or refuse leave to appeal even on its own motion.
In April, the Akafumba led faction were granted an ex-parte order of interim injunction stopping Kambwili from masquerading as party president.
But Kambwili disregarded the injunction and went on to hold an NDC convention where he was elected as its party president before rejoining the ruling Patriotic Front.