Thu, 08 Feb 2018 08:27:40 +0000
By CHINTU MALAMBO
SPECIAL Assistant to the President for Press and Public Relations, Amos Chanda has requested the High Court to throw out Chishimba Kambwili’s defamation claims on grounds of irregularities.
This is in a matter in which, Kambwili who is Roan Member of Parliament, sued Mr Chanda over alleged defamatory statements issued against him.
Mr Kambwili accused Mr Chanda of calling him a scrap metal thief in an interview that was allegedly given to then online publication, News Diggers.
He alleged that the said words were understood to mean that he was a well-known documented scrap metal thief and a thief in general.
But Mr Chanda through his lawyer Eric Silwamba filed an affidavit in support of summons to set aside the originating process for irregularity on grounds that Kambwili’s full address was not endorsed in accordance with the amended High Court rules.
Mr Chanda argued that his application was made pursuant to the provisions of order VII rule 1 of the High Court rules of the High Court Act chapter 27 of the laws of Zambia.
“The record will show that Mr Kambwili issued the writ of summons on December 8 2017 and his full address was not duly endorsed contrary to the provisions of order VII rule 1 of the High Court rules chapter 27 of the laws of Zambia. As a matter of fact, Mr Kambwili has omitted to endorse his e-mail address.
”It is our submission that the writ of summons issued by Mr Kambwili was irregular in its material particulars,” Mr Chanda indicated.
Mr Chanda further argued that it was trite law that failure to comply with the provisions would render the process irregular and liable to be set aside.
He indicated that such an irregularity was not fatal but curable and Mr Kambwili could therefore, make an application to amend the originating process.