The Court of Appeal sitting in Ndola on the 12th of August, 2024 has set aside a ruling of a single Judge granting Leave to the former first Lady Esther Lungu to appeal to the Court of Appeal against a ruling of the High Court at the Economic and Financial Crimes Court dated 20th May, 2024.
The former first lady sought to appeal to the Court of Appeal against a High Court ruling of the 20th of May, 2024 denying her to adduce oral evidence by calling witnesses she subpoenaed because she did not follow laid down procedure of seeking Leave of the Court before the witnesses could be subpoenaed.
The Applicant, Esther Lungu filed Renewed Ex-parte Summons for an Order for Leave to Appeal to the Court of Appeal against the Ruling of High Court. The Applicant served the Director of Public Prosecutions with Renewed Ex- parte Summons despite the court indicating that the matter be heard inter-parte.
On the 9th of July, 2024 the matter was heard as scheduled and a ruling granting the Applicant Leave delivered the same day. The Ruling indicated that the respondents were absent and the Court reprimanded them for non-appearance.
Dissatisfied with the Ruling, the Director of Public Prosecutions moved the Court by filing into Court a Notice of Motion for an Order that the Ruling of the single Judge, Honourable Mrs. Justice C.K. Makungu siting as a single Judge of the Court of Appeal at Lusaka in its appellate jurisdiction dated 9th July, 2024 be reversed.
In an Ex Tempore Ruling, Deputy Judge President of the Court of Appeal, Justice C.F.R. Mchenga sitting with Justice K. Muzenga and Justice A.N. Patel S.C. set aside the ruling of the Honourable Justice C.K. Makungu granting the former first lady leave to appeal to the Court of Appeal. The Court ordered that that in the interest of justice the matter be heard inter-parte.