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In a fresh sworn affidavit president Masisi has argued that KBL employees cannot join court proceedings at the appeal stage.

KBL decided to enjoin in their appeal case against the alcohol sale ban, two of its employees who demonstrated in affidavits how the alcohol ban was taking a toll on their livelihood.

The employees told the court that along with many others, they have been placed on half salaries with worst case scenarios being unpaid leave.

The appeal comes after the High court dismissed KBL’s case on urgency citing that their case should follow normal court procedure.

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Last week KBL appealed the matter and enjoined the two employees. This week Masisi responded by stating in his affidavit that, “The filing of their affidavits is not in anyway supported by the rules of this court as the 2nd and 3rd applicants were not parties to the proceedings in the court below.”

The President continued, “I am further advised by my attorneys of record that the procedure adopted by the 2nd and 3rd applicants through which they seek to join these proceedings as appellants while they were not parties to the proceedings in the court a quo is not only fatally irregular but also unknown and that such an application must be dismissed with an appropriate order to costs. In any case they failed to seek leave before the court filing same.”

According to Masisi the employees have no case at all.

“I deny that the 2nd and 3rd applicants have been denied any rights as alleged or at all. I wish to once reiteriate that the 2nd and 3rd applicants were never joined as parties to the proceedings in the court below , they cannot seek to be joined in the court of appeal.”

Masisi further tells the employees that if they so wish they can sue him at a later stage, “In any event , if there is any prejudice the 2nd and 3rd applicants still have an opportunity to sue for constitutional damages at a hearing in due course. Therefore this application ought to be dismissed with costs of two counsels.”
Appeal hearing is set for Sept. 9th.

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