EXPELLED MMD national secretary Richard Kachingwe has asked the Lusaka High Court to dismiss a preliminary application raised by MMD president Nevers Mumba.
Dr Mumba in his preliminary issue asked High Court Judge-in-charge Jane Kabuka not to entertain the legal suit, contending that Major Kachingwe was no longer an MMD member.
But Maj Kachingwe said Dr Mumba's application should be dismissed with costs.
Maj Kachingwe's lawyer, Hobday Kabwe said during hearing in chambers yesterday that the affidavit in support of the preliminary issue was deposed by Kabinga Pande, a party who is alien to the proceedings.
He said Mr Pande was not competent to swear facts because Dr Mumba was sued in his personal capacity.
"We wish to respond that the application for preliminary is not appropriate for determination of this matter at this juncture because the affidavit in support raised a number of very controversial issues," Mr Kabwe said.
He said that the question on whether Maj Kachingwe was still a member of MMD remained unresolved.
Maj Kachingwe, Mr Kabwe said, had submitted before court, documents indicating that he was national secretary of MMD on whose behalf he had sued Dr Mumba in his personal capacity.
He said Maj Kachingwe, by virtue of his position, had the right to make decisions on behalf of the national executive committee (NEC).
Mr Kabwe said until the determination of the matter, Maj Kachingwe should remain in the same capacity.
But Dr Mumba argued that Maj Kachingwe's legal action against him should be dismissed on the basis that the person purporting to represent the party did not have locus standi.
Dr Mumba said, through his lawyer Makebi Zulu from Fred Jere and Company, that the body that Maj Kachingwe purported to represent had made it clear that he lacked that locus standi and that the proceedings should not continue.
Mr Zulu said there was no authority or a resolution by any members of NEC to commence the proceedings.
Ms Justice Kabuka reserved ruling on the preliminary issue to December 28, this year.