MMD Mafinga Member of Parliament (MP) Catherine Namugala has filed an injunction restraining her party from expelling her.
Ms Namugala, who is the chairperson for women's affairs, also wants the court to declare null and void the appointment of MMD Senga Hill MP Kapembwa Simbao as acting national secretary.
She has sued Mr Simbao as first defendant in his own capacity and secondly in his capacity as acting national secretary.
Ms Namugala contested in an injunction filed before the Lusaka High Court principal registry that she was still a member of the troubled opposition party.
She stated that in 2011, the MMD held a convention which elected all National Executive Committee (NEC) members on which its then national secretary, Richard Kachingwe was elected.
The MP said on December 3 last year, Mr Simbao was purportedly adopted by MMD president, Nevers Mumba and a few leaders despite the grouping not forming a quorum.
According to party guidelines, for a quorum to be formed half of the 64 NEC members should be present.
Ms Namugala said the MMD purported to charge her with two offences through Mr Simbao whose acting position she described as illegitimate and unconstitutional.
Judge Fulgence Chisanga, who is handling the matter, has since set January 23, this year as the date for inter-parte hearing.