The Lusaka High Court has rejected and thrown out with costs, an application for leave to appeal against the nullification of the Mufumbwe Parliamentary by-election results.
High Court Judge Philip Musonda says the application by opposition UPND’s Elliot Kamondo is misconceived.
Judge Musonda has also directed the Electoral Commission of Zambia to go ahead and set the date for the Mufumbwe by-election.
Grounds of refusal
Judge Musonda ruled that there is no likelihood that Mr Kamnondo’s appeal will succeed.
He says the Supreme Court cannot uphold an appeal on the point of Law since it had affirmed the nullification of the Mkaika Parliamentary election where there was less violence than in Mufumbwe.
Judge Musonda says it will be inappropriate to let Mr Kamondo stay in Parliament until the next general elections to be held in less than a year.
He held that it will mean that the judgment will have been undermined by frivolous and vexatious application.
This is in a case in which Mr Kamondo had applied for leave to appeal to the Supreme Court against the nullification of his election by the High Court.
MMD’s Mulondwe Muzungu successfully petitioned the Mufumbwe by-election results on grounds that the poll was characterised by violence.