Kambwili asks court to dismiss his defamation case
By Staff Reporter
CHISHIMBA Kambwili has submitted before the Lusaka High Court that the case in which Ngucha Energy Limited sued him for defamation does not disclose a cause of action and should be dismissed with costs.
Ngucha is claiming K2,218.000 from Kambwili for defamation after the latter alleged on a radio programme that the former belonged to President Edgar Lungu.
The plaintiff is also claiming damages for loss of business and an unreserved apology.
Kambwili through his lawyer Makayi Kasaji from C.L Mundia and Company, has since raised preliminary issues on points of law.
He argues that the statement of claim is defective and incompetent and there is nothing for the court to determine.
Kambwili has argued that the plaintiff did not endorse the exact defamatory words attributable to him contrary to the rules of court in defamatory cases in a statement of claim they filed on January 24.
He stated that Ngucha had also not provided the names of the publication where the alleged defamatory words were carried and when the words complained of were published.
Kambwili says the pleadings by Ngucha do not disclose the cause of action and as such do not raise issues for determination by the court.
He said the matter was incompetently before the court and was inherently defective, adding that it cannot be amended.
And Kasaji in an affidavit filed in court submitted that Ngucha did not demonstrate the ordinary meaning of the purported words complained of and how the said purported words complained of were intended to spread hate and discord to the company .
He stated that the plaintiff did not demonstrate how associating the company to President Lungu was injurious to its reputation as a business entity.
Kasaji added that the plaintiff further did not demonstrate the extent to which President Lungu was corrupt so that associating him to the plaintiff deems Ngucha an entity created out of proceeds of crime or corrupt activities.
The lawyer argued that the actual words complained of in a defamatory action must be set out in the statement of claim to enable the court judge whether the words constitute a ground of action.
He stated that the publication from which the words complained of were taken should be identified by name, date or description which has not been done by Ngucha which makes the statement of claim defective and should be dismissed with costs.