Frackson Njovu (Suing on his own behalf and on behalf of 10 other members of UNIP) v Tiyenji Chanda Kaunda (Sued both as President of UNIP and in his own capacity) and Ors (2019/HP/1237) [2024] ZMHC 286 (30 October 2024)

IN THE IDGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN 2019/HP/1237 F ACKSON NJOVU (Suing on his own behalf & on behalf 10 other members of UNIP) PLAINTIFF AND TIYENfl CHANDA KAUNDA (Sued both as President ofUNIP & in his own capacity) NJEKW A AN AMELA (Sued as Vice President of UNIP) ALFRED BANDA (Sued as Secretary General ofUNIP) WELFARE NFUNE (Sued as Administrative Secretary of UNIP) lsTDEFENDANT 2ND DEFENDANT 3RD DEFENDANT 4TH DEFENDANT Before Hon. Mrs Justice C. Chinyanwa Zulu For the Plaintiff: M Wamuny ima Legal Practitioners For the Def endant: L. M Chambers RULING LEGISLATION REFERRED TO: 1. The High Court Rules, Chapter 27 of the Laws of Zambia. 1.0 INTRODUCTION 1.1 This is a ruling on the Plaintiffs' application for alternation of parties filed on 9th September, 2024. The application is made pursuant to Order 15 Rule 1 of the High Court Rules Chapter 27 of the Laws of Zambia. Rl 2.0 BACKGROUND 1.2 The brief background leading to this application is that on 6th August, 2019, the Plaintiffs, who are suing in their capacity as members of the United National Independence Party (UNIP), sued the Defendants herein namely, Tilyenji Chanda Kaunda, Njekwa Anamela, Rev. Alfred Banda and Welfare Mfune. They sued the said Defendants in their representative capacities as members of the Central Committee holding positions of President, Vice President, Secretary General and Administrative Secretary of UNIP respectively. The I st Defendant Tiyenji Kaunda in addition to being sued in his representative capacity as President of UNlP he was also sued in his personal capacity. The Plaintiffs are now seeking this Court's order to have the said Defendants replaced with the purported new office bearers. 2.0 AFFIDAVIT EVIDENCE 2.1 The affidavit in support of the application at hand was filed on 9th September, 2024 and deposed to by Manuel Ngambi, one of the eleven (11) Plaintiffs herein. He deposed therein, inter alia, that UNIP held its Congress on 6th and 7th May, 2021 where new members of the Central Committee where elected. Following this election, an application for change of office bearers was lodged with the office of the Registrar of Societies. The Registrar of Societies proceeded to make the relevant changes to its records with regards to the U NIP Central Committee office bearers. Furthermore, he deposed that by virtue of the validly held Congress from 6th to 7th May, 2021, and the subsequent recognition by the Registrar of Societies of the outcome thereof, the new members of the Central Committee should replace the Defendants herein as follows :- R2 (i) Col. Henry Muyoba Rtd will replace Tilyenji Kaunda as 1 sl Defendant, (ii) Ms. Rose Chinene will replace Njekwa Anamela as 2nd Defendant, (iii) Fraser Kaonga will replace Rev. Alfred Banda as 3rd Defendant. 2.2 The deponent further deposed that Tiyenji Kaunda who was also sued in his personal capacity should appear as the 4 th Defendant. 2.3 No affidavit in opposition was filed by the Defendants. 3.0 HEARING IN COURT 3.1 The matter was heard in court on 8th October, 2024. At the said hearing, Counsel for the Plaintiff entirely relied on the summons and affidavit in support of the application and the accompanying skeleton arguments all filed on 9 th September, 2024. 3.2 The 3rd Defendant told the Court that he was not opposing the application. 4.0 DECISION OF THE COURT 4.1 I have heard Counsel for the Plaintiff and read the affidavit in support of the application herein and the accompanying skeleton arguments. I have also heard what was said by the 3rd Defendant that he is not opposing the application at hand. Upon hearing Counsel and the 3rd Defendant and upon reading the affidavit in support together with the accompanying skeleton arguments, and bearing in mind that the application has not been opposed by the Defendants, I am of the considered view that this is an appropriate matter in which to grant the Plaintiff's application for the R3 alternation of parties. This position was reached after bearing in mind that the Defendants had been sued in their representative capacity for the positions they were holding as members of the Central Committee for UNIP, which positions they no longer hold. Consequently, the current office bearers are now the right persons to represent the party. 4.2 For the foregoing reasons, I grant the Plaintiffs application for alteration of parties. The new office bearers of the UNIP Central Committee, as per the Registrar of Societies list of office bearers exhibited in the affidavit in support of the application, shall replace the Defendants herein as aforementioned. 4.3 Costs for this application shall be in the cause. R4