The interim injunction served on MMD president Dr. Nevers Mumba to stop him and 34 others from holding an MMD national executive committee (NEC) meeting last month may be ineffective because it was served on a Sunday against the laws of Zambia.
Lawyers representing Dr. Mumba in a contempt of court case in their Notice of Motion have raised preliminary issues whether a court order could be served on Sunday.
According to the notice of motion to raise preliminary issues on the notice of motion for an order of committal, Dr Mumba has applied to the court to explain whether the said order of interim injunction allegedly served on Dr. Mumba and 34 others was attainable especially that it was allegedly served on Sunday.
“Take notice that at the scheduled hearing of this matter on the 12th May, 2014 before Justice E.M Sikazwe or such other time and date as this matter shall be heard, the defendant through Counsel shall raise preliminary issues on the following grounds which are more particularly outlined in the affidavit filed before the courts of law,” said Dr. Mumba through his lawyers Makebi Zulu and PNP advocates.
Dr. Mumba wants to know whether in these circumstances, service of the Order of Interim Injunction allegedly restraining him and 34 other National Executive Committee members of the MMD was in order according to the law.
“Whether, in these circumstances, service of the said Order of Interim Injunction allegedly restraining Dr. Nevers Mumba and 34 other MMD NEC on Sunday, 27th April, 2014 is legally tenable in light of the provisions of Order 10 rule 9 of the rules of the High Court, Chapter 27 of the Laws of Zambia. Whether the decision by the alleged contemnors to proceed with the meeting of 27th April, 2014 in the absence of personal service of the copy of Interim Injunction Order was contemptuous of court,” Dr Mumba wondered.
Dr. Mumba also wants to know whether or not contempt proceedings could be brought against parties who were not parties named in the Order.