High court may issue default judgment against Litunga

High court may issue default judgment against Litunga

The High Court in Mongu may enter a default judgement against the Litunga if he does not accept summons or appear in court, the Watchdog has been briefed.

Litunga Imwiko Lubosi has been taken to court by traditional leaders who want him to abdicate on grounds of incompetency, corruption, etc.

But his supporters within the Royal Establishment (BRE) have said that Barotseland is a separate and independent country from Zambia, and the Litunga himself has refused to receive the court summons.

According to Muvi TV, the BRE added that the Zambian constitution is not effective in Barotseland rendering the law suit against the Litunga in the Mongu High Court null and void.

litungaBut this puts the High Court in an awkward position. In the first scenario, if the court does nothing, it will be in essence saying that it has no jurisdiction in Barotseland and that the Litunga is above the law.  In reality, the High Court will endorse the idea that Barotseland is a separate country with its own courts.

On the other hand, a court is obliged to enter a default judgment if a person sued failed to appear before it. A default judgment carries the same weight as any other judgment until set aside.

If the court will enter a default judgement, then Imwiko will cease to be Litunga, legally.

 
The Litunga Lubosi Imwiko the second has been sued in his capacity as the Litunga by his subjects.
According to the originating notice of motion by the subjects issued through the Mongu High Court on January 3rd 2017, the Litunga has been asked to relinquish his position as the reigning King of Barotseland by either resigning or through other lawful means permissive by law.
The Litunga has been sued so that he steps down or otherwise be upheld by the Lozi tradition or custom for allegedly gross incompetence and abuse of authority and power.
Meanwhile PF cadres who had planned to demonstrate on Wednesday at the High Court in Mongu in support of the Litunga cancelled the demonstration but were spotted driving around town in PF regalia but no one joined them.
The Litunga himself only rushed back to Mongu from Lusaka on Tuesday and held an emergency meeting with Silalo Indunas (area chiefs) and a few

 

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