Sampa wins PF injunction case against Ng’ona
By a Correspondent
THE Court of Appeal has discharged an injunction restraining Patriotic Front (PF) Matero Member of Parliament Miles Sampa from holding the position of PF secretary general pending the determination of an appeal case.
In this case, Morgan Ng’ona, as party secretary general, appealed against the High Court’s decision to dismiss his case against Sampa for want of prosecution.
In a ruling delivered by the full bench of the Court of Appeal comprising Deputy President Chalwe Mchenga, judges Betty Majula and Kelvin Muzenga also discharged an order that
restrained Sampa from interfering with the official record of PF office bearers at the Registrar of Societies until the determination of the matter or further order of the court.
In a ruling delivered by Justice Muzenga, the court said Ng’ona should have filed the injunction application before the High Court and not the Court of Appeal.
Reading the ruling on behalf of the bench, Justice Muzenge said although both the High Court and the Court of Appeal had jurisdiction to grant Ng’ona the injunction, he should have filed his application for the injunction before the High Court as it was the court that handled the matter.
He said the High Court had jurisdiction to grant the injunction pending an appeal to the Court of Appeal so as not to render the appeal an academic exercise.
Ng’ona had sued Sampa, challenging the decision to remove him as party secretary general and a further order that his decision to dissolve the PF party’s central committee was illegal.
He argued that Sampa had no power to do so.
Ng’ona also sought an order to stay Samp’s decision until the full determination of the case, which order was granted but later discharged.
But in his defence and counterclaim, Sampa asked the court to dismiss the case and order Ng’ona and Mafinga Member of Parliament Robert Chabinga to stop holding themselves as party secretary general and acting president, respectively.
On March 26, 2025, Lusaka High Court judge Conseptor Zulu issued orders for directions, which Ng’ona did not comply with, and on July 18 2025, Sampa asked Justice Zulu to dismiss the matter for want of prosecution.
He argued that Ng’ona had failed to comply with the said orders.
However, on March 10, 2026, Justice Zulu agreed with Sampa in her ruling that Ng’ona did not comply with the orders of direction and failure by any party to comply with court orders or rules attracted serious sanctions, including dismissal.
She said that Ng’ona deliberately failed to comply with court orders of direction, which resulted in the matter stalling for almost four months.
Justice Zulu dismissed Ng’ona’s case for want of prosecution, a decision he took to the Court of Appeal.
Delivering the ruling yesterday, Justice Muzenga discharged the injunction granted to Ng’ona, saying he should have filed it before the High Court.
