Nawakwi asks the High Court to set aside the case where Kopakopa sued her
By Staff Reporter
LEGANA Investment Limited proprietor Edith Nawakwi has asked the Lusaka High Court to set aside a writ of summons and statement of claim filed by a clinical medical student Luyando Kopakopa because it is irregular.
Kopakopa in this case sued Legana Meat Products and Pick n Pay Super Market in the High Court claiming general damages for nausea, excessive vomiting including inflammation of the ribs after she consumed the Hungarian sausage which she alleges that it contained human flesh and was packed in a condom.
But Nawakwi who is also FDD leader has asked the court to set aside a writ of summons and statement of claim filed by Kopakopa for irregularities.
According to an affidavit in support of summons for an order to set aside the matter, Nawakwi stated that on August 12 this year, Kopakopa caused to be issued out of the principal registry of the Lusaka High Court a writ of summons and statement of claim which was served on Legana Investment Limited as the purported 1st respondent.
She stated that according to the perusal of the same, it revealed that Kopakopa issued court process against a business name or entity that is separate and distinct from Legana Investment Limited, as such she believes the action could not be sustained against Legana Investment Limited.
Nawakwi stated that a further perusal of the originating process reveals that Kopakopa has not revealed her residential, postal and electronic addresses as per requirement of the law, thus making the process irregular.
“The action purportedly commenced against Legana Investment Limited is irregular and liable to be set aside for such irregularity,” Nawakwi submitted.
She further submitted that Legana Investment Limited has an active case against Kopakopa herein and one Eric M. Nhandu under cause number 2019/HP/1273 based on the same facts as this purported cause where Kopakopa has alleged that she found a condom in a sausage produced by Legana Investment Limited.
Nawakwi stated that she was advised by her lawyer and believed that the court ought to set aside the action without the option to amend or re-issue process as the same subject matter would result in duplicity of actions and abuse of court process as there will be two matters running regarding the same subject matter.
“The plaintiff can file a defence and issue a counterclaim under cause number 2019/HP/1273 if she so wishes,” said Nawakwi.
