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INJUNCTION TO STOP CHIEF’S INSTALLATION DISMISSED

By GRACE CHAILE LESOETSA
THE LUSAKA High Court has dismissed an application for an order of interim injunction by Chief Liteta to prevent the installation of Phanwell Chikalakasa, alias Chief Chitanda, as Senior Chief Mukuni Ng’ombe.


In this matter, Chief Liteta ,Charles Mulando ,of the Lenje People in Central Province, wants the court to grant him an order to recognise him as Senior Chief Mukuni Ng’ombe on ground that he is the longest serving junior Chief.


He also seeks a permanent injunction barring Chief Chitanda from acting or holding himself as Chief Mukuni Ng’ombe.
He has also cited Mr Morgan Ngulube ,alias , Chief Chamuka as the second defendant in the case.


Chief Liteta contended that according to tradition, a long serving junior Chief ascends to the throne of senior Chief Mukuni Ng’ombe following the demise of the serving one.

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Therefore, he is the rightfully and legitimately next in line to ascend to the said throne.
But the defendants argued that Mr Mulonda was no longer Chief Liteta as he was impeached and removed from the throne in 2017.
They stated that the matter he commenced to regain his status of Chief Liteta is still active court.


High Court judge Susan Wanjelani in her ruling of the application for an interim injunction stated that Chief Liteta had not shown how he would suffer irreparable damage if not granted the injunction.
Ms Justice Wanjelani also said that the facts in the statement of claim indicated that Chief Chitanda was selected by the Electoral College comprising of various Chiefs and Chief Liteta did not seem to have an issue with the composition.


” In this regard, I find the plaintiff has not shown ,that he would suffer irreparable injury that cannot be atoned for by an award of damages. I, therefore,find that this is not an appropriate case in which I can exercise my discretion to grant an order of interim injunction pending the determination of the matter. The application is dismissed and costs are in the cause,” ruled the court.
Ends..

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