By GRACE CHAILE LESOETSA
JUDGE Mwila Chitabo has declined to terminate proceedings in a matter in which NDC leader Chishimba Kambwili and his lawyers have sued Lusaka principal resident magistrate David Simusamba for defamation.
The High Court judge in his ruling on September 29, 2020 said the matter was a novel situation which has to be interrogated at trial.
“I don’t think this is a fit and proper case to terminate the Plaintiff’s (Kambwili) action without giving him an opportunity to be heard. The defendant (Mr Simusamba) ought to be given an opportunity to counter the alleged libelous publication by the defendant,” he said.
“I decline to grant the invitation to terminate the proceedings summarily at preliminary issue stage. Leave to appeal to the Superior Court of Appeal is granted,” Judge Chitabo said.
Mr Justice Chitabo ordered that Kambwili and his lawyers Cheelo Mwinga and Christopher Mundia serve an amended writ of summons with duly endorsed posted physical address as required by law within 10 days from the date of issue.
In this matter Mr Kambwili and his lawyers sued Mr Simusamba for alleging that they attempted to bribe him in order to deliver judgement in the NDC leader’s favour in the forgery case , which is before the subordinate court.
But Mr Simusamba contended that he enjoyed judicial immunity, and that he is not the right party to be sued as he is a government employee, and that the right party ought to have been the Attorney General.
However, in his ruling, Mr justice Mwila said at this stage of the matter, the Attorney General cannot be enjoined there being no application on the part of him to be joined to the proceedings in the legal contest
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