Kafuka v Mundia (HP/EP 33 of 2011) [2011] ZMHC 125 (13 November 2011)

IN THE HIGH COURT OF ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) 2011/HP/EP/33 IN THE MATTER OF A PARLIAMENTARY ELECTION PETITION FOR SIKONGO CONSTITUENCY NUMBER 136 SITUATE IN THE KALABO DISTRICT NUMBER OF THE WESTERN PROVINCE OF THE REPUBLIC OF ZAMBIA ON THE 20TH SEPTEMBER 2011 AND IN THE MATTER OF SECTION 81 OF THE ELECTRORAL ACT No. 12 OF IN THE MATTER OF SECTION 82 OF THE ELECTRORAL ACT No. 12 OF AND IN THE MATTER OF SECTION 94 AND 95 OF THE ELECTRORAL ACT No. 12 OF 2006 IN THE MATTER OF THE ELECTRORAL PETITION RULES STATUTORY INSTRUMENT No. 426 OF 1968 (As Amended) BETWEEN: KUFUKA KAFUKA PETITIONER AND NDALAMEI MUNDIA RESPONDENT _____________________________________________________________________________ ORDER FOR DIRECTIONS IT IS HEREBY ORDERED AND DIRECTED THAT: 1. Security for costs in this matter in the sum of K144,000.00 shall be paid into court by the Petitioner not later than 15th November, 2011. 2. The Respondent’s advocates shall file and serve an answer on or before 28th November, 2011. 3. The Petitioner’s advocates shall file and serve a reply, if any, on or before 5th December, 2011. 4. This petition shall be heard for five days on 8th, 9th, 10th , 13 and 14th February, 2012 (Petitioner’s case) and for ten days on 15th, 16th, 17th, 20th, 21st, 22nd, 23rd, 24th, 27th and 28th February, 2012 (Respondent’s case) at 09.00 hours on each day. 5. There shall be liberty to apply. 6. Costs shall be in the cause. Dated at Lusaka this 14th day of November, 2011. _________________ HON. C. KAJIMANGA JUDGE 2