By MICHAEL MIYOBA
THE Football Association of Zambia (FAZ) has rejected the K5 million claim from lawyers representing banned football officials Damiano Mutale and Patson Lusaka who have sued Adrian Kashala in his capacity as FAZ general secretary and the association as an institution.
The lawyers are demanding that Kashala and FAZ pay them K5m as costs within seven days.
Following the preliminary award with costs in the Ndola High Court on March 31, 2020, the law firm, Nathan Lewis and Co pegged its costs at K5 million and asked FAZ to pay within one week or face sanctions.
However the lawyers representing Kashala and the association have replied denying to pay the K5m bill.
According to a letter written by Kashala and FAZ’s representatives, Mando and Pasi, the alleged K5m claim by Nathan Lewis and Co are misguided and untenable.
The letter signed by Mando and Pasi partner Hastings Pasi said a claim of K5m as costs for a day’s attendance is both laughable and annoying.
Pasi clarified that the demand for costs by Nathan Lewis and Co is misguided because costs awarded in interlocutory proceedings are only taxed and payable at the end of the main proceedings unless the court orders that such costs be paid forthwith.
Pasi noted that Mutale and Lusaka can only demand for costs at the end of the main proceedings in the unlikely event that they succeed and are awarded costs.
“As a consequence of the order staying proceedings, your clients’ costs cannot be taxed at this stage.
“The rationale for this rule of procedure is a matter of common sense especially in cases such as this one where the party demanding costs of a day’s proceeding has no capacity of paying back the cost should the order be reversed on appeal or should they not succeed in the main matter and be required to pay cost of the entire proceedings,” Pasi said in his response to Nathan Lewis and Co.
On April 20, the Ndola High Court ordered that proceedings in court be stayed pending determination of the appeal by Mutale and Lusaka to the Constitutional Court.
Pasi said the stay of proceeding by the High Court has suspended proceedings until the determination of the appeal by the Constitutional Court.
By MICHAEL MIYOBA