High court judge sets May 3 for hearing defence application to subpoena Nevers’ lawyer

By Staff Reporter

 

LUSAKA High Court judge Sharon Newa has set May 3 for hearing an application in which Felix Mutati’s lawyer wants the court to subpoena Nevers Mumba’s lawyer Jean Madaika.

When the case came up for opening of defence by the Mutati faction, lawyer Jonas Zimba told the court that the case was supposed to come up for defence but he had two applications to make.

He said he wanted to issue subpoena to Madaika and also to amend defence by including a counter claim.

But Mumba’s other lawyer Mulambo Haimbe objected, saying the case was coming for a specific business of opening defence and should not be derailed by the applications Mutati wanted to make.

He also submitted that they have only been served with an affidavit for the same.

Haimbe said the application was improperly before court as it had not been up lifted yet and was not attempting to raise any preliminary issues.

He said the defence should wait for their turn with their 500 witnesses to be called and that a single minute should not be wasted.

But Zimba said justice hurried was justice buried, adding that the plaintiff’s lawyers wanted to deny his clients justice.

He also submitted that the applications he wanted to make were a prerequisite to properly open their defence.

Zimba said the applications were key to the defendant’s case as they were going to lay a foundation.

Ruling in the matter, judge Newa said the defendants had a right to be heard and set May 3 for hearing the two applications.

 

She, however, ordered the defendants to pay costs for causing the adjournment, which are to be agreed or taxed.