THE Lusaka High Court has ordered the State to pay retired Supreme Court Judge Phillip Musonda K85,000 as costs incurred following the court’s decision to dismiss the tribunal that was instituted to probe his alleged professional misconduct.
Deputy registrar Kelvin Limbani in his consent judgment said the plaintiff should be paid a sum of K 85,000 by the respondent as full and final payment of all the legal fee costs arising from the incidental matter.
“It is hereby agreed and ordered that the respondent pays the plaintiff a sum of K85,000 full payment for legal fees, arising out of and incidental to this matter,” read the consent order on costs.
Mr Limbani arrived at the costs after High Court Judge Florence Lengalenga dismissed Judge Musonda’s tribunal set to probe him and two other judges, Charles Kajimanga and Nigel Mutuna, for their professional misconduct.
Madam Justice Lengalenga in her judgment said the applicant had succeeded on all the reliefs sought and further awarded costs to the applicant and in default of agreement costs to be taxed by the deputy registrar.
“ Finally, on the totality of the evidence and the law relating to the grounds of judicial review and the reliefs sought by the applicant, he succeeds on all the three grounds of his application, I further award costs to the applicant,” Justice Lengalenga ordered.
Justice Musonda had applied for judicial review asking the court to quash the decision of the tribunal not to proceed to hear his case on grounds that he had resigned from his position as Supreme Court judge, thereby making the tribunal sittings as an academic exercise.
He further asked the court to order for a prohibition to restrain the tribunal from acting outside or excess of its jurisdiction by proceeding against the applicant when he was no longer a judicial officer.