Lusaka High Court judge restrains Kambwili from defaming Findlay
By Staff Reporter
LUSAKA High Court judge Elita Mwikisa has granted businessman Valden Findlay an order of injunction restraining Chishimba Kambwili from further defaming him.
Judge Mwikisa has ordered that defunct National Democratic Congress party leader Kambwili, his servants and agents are restrained from uttering any defamatory remarks against Findlay.
“Upon reading the affidavit sworn by Valden Findlay on September 24 in support thereof and the plaintiff by his counsel undertaking to abide by an order, this court may make as to damages in case the court shall be of the opinion that the defendant has suffered any by reason of this order, the plaintiff ought to pay. It is hereby ordered that the defendant be restrained whether by himself or his servants or agents or otherwise until further order in the meantime from uttering any defamatory remarks concerning the plaintiff,” justice Mwikisa said.
She further ordered that inter parties hearing on the injunction be heard on Thursday.
Findlay sued Kambwili for defamation of character after he accused the former of being a drug dealer who is taking advantage of the presidential trips and the Presidential plane to courier drugs.
Findlay then applied for an injunction to restrain Kambwili by himself, his servants or agents or otherwise from the publication of the said words or any similar words.
The plaintiff is claiming damages for libel and slander
According to a statement of claim filed in court, Findlay stated that on September 9, 2019 Kambwili on Diamond TV falsely and maliciously uttered words against him claiming that he is an associate in drug dealing, and that the State was under capture by Findlay and all those connected to him were being offered employment in Government.
Kambwili said: “There is no way a President worth his sort can be moving and associating with a person who was locked up for drugs; a person who is mentioned for drug dealing in America by a well-known drug dealer in the name of Goswami”.
Findlay claimed that Kambwili vowed that he will continue to and has continued to publish the same or similar defamatory words against him.
He said the words complained of were uttered in a sensational manner as Kambwili knew or ought to have known that the allegations were untrue, and in contumelious disregard of his standing in society or reputation but continued to utter the words which are defamatory.