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Findlay willfully failed to comply – Kambwili

CHISHIMBA Kambwili has insisted that Lusaka businessman Valden Findlay willfully failed to comply with the orders for directions which were issued by the court when the injunction restraining the former from defaming him was sustained.
This is in a matter where Findlay has sued Kambwili for defamation for alleging that he was taking advantage of the presidential trips and the presidential jet was being used to courier drugs.
Findlay in an affidavit in opposition to affidavit in support of summons to dismiss his, action for want of prosecution for lack of compliance with orders for directions said his unfortunate non-compliance of the orders for directions was not meant to disobey the court in any way.
Findlay through his lawyer Elijah Kaluba stated that the said non-compliance was caused due to the parties going on industrial break at the requisite time the list of documents, bundles of pleadings and documents were supposed to be filed.
But in an affidavit in opposition to Findlay’s explanation filed on April 9,2020 in the Lusaka High court principal registry Kambwili argued that Findlay was well aware of the orders for directions before going on industrial break as the same were issued on the same day as the ruling confirming his injunction.
Kambwili said Findlay also failed to serve the same on him in good time knowing very well of the industrial break.
He said the orders for directions were only served on him on January 10,2020 when the dates had passed preventing him from complying with the same.
Kambwili argued that Findlay’s advocate was not on industrial break on the date of filing bundles of documents and pleadings as they sent a letter to him with regards to costs for the injunction application a day before the same were to be filed.
“On the premise the plaintiff should have at least complied with order 1 and 2 of the order for directions This was however not done. The plaintiff therefore willfully failed to comply with the order for directions,” insisted Kambwil.


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