High Court judge restrains chief Nsefu from dethroning Kapepa
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1/22/2020 11:24:12 AM
By Namatama Njekwa
Lusaka High Court judge Catherine Lombe Phiri has granted John Kapepa an order of interim injunction to restrain Senior Chief Nsefu of the Chikunda people of Mambwe district in Eastern Province from removing him as chief Kakumbi.
Judge Lombe-Phiri, in her order today, also ordered that Senior Chief Nsefu, his servants, agents, workmen or whosoever should not dethrone Kapepa as chief or install any other person in his position until further order of the court.
She has set January 30 for hearing all the parties in the matter over the interlocutory injunction.
Kapepa, who is represented by lawyers Gilbert Phiri of P and P Advocates and Kampamba Kombe of Andrew and Partners, has sued Senior Chief Nsefu in the Lusaka High Court, seeking a declaration that he is the current and reigning Chief Kakumbi.
Kapepa also applied for an order of interim injunction directed to Senior Chief Nsefu to restrain him, his servants or agents or whosoever from dethroning or attempting to dethrone him as chief Kakumbi.
He also wants Senior Chief Nsefu to be restrained from interfering with the administration of the Kakumbi chiefdom and from appointing or purporting to appoint any person to act in his position pending the determination of the matter by the Lusaka High Court.
Kapepa is also seeking damages and any other reliefs that the court may deem fit and costs.
Senior Chief Nsefu, whose name is Smart Sonkhani Phiri and is the presiding chief of the Chikunda people in Nsefu's Chiefdom, on January 2, 2020, in a letter dated December 28, 2019, informed Kapepa that he has been dethroned as chief Kakumbi with immediate effect.
Kapepa stated that Senior Chief Nsefu based the decision to remove him from the throne on alleged insubordination, violence, arson, refusal to give consent to land by applicant and demolishing houses and other structures, among others.
Senior Chief Nsefu then purportedly appointed chief Msoro to act as chief Kakumbi but on January 14, 2020, the Royal Family of the Kakumbi Royal Establishment and Kakumbi Electoral College convened and resolved that Kapepa continues being chief Kakumbi as they have not recommended for his removal as chief.
Kapepa, therefore, says his removal is illegal.