The Lusaka High Court has allowed PF deputy secretary general Mumbi Phiri’s lawyers to file a response to Chishimba Kambwili’s defence and an affidavit in opposition to the defamation case against him commenced by the former.
In this case, Mumbi is demanding special damages of K100 million from Kambwili, the expelled Roan PF member of parliament and now consultant for opposition National Democratic Congress, for allegedly defaming her character when he accused her of being corrupt.
When the matter came up for hearing of the affidavit in support of summons and a statement of claimbefore judge Mwila Kombe, Mumbi’s lawyer a Mr A. Banda from Messrs. Alberto Ngoyi Advocates said Kambwili and his lawyers were not before court.
Banda said there had been no communication from Kambwili’s lawyers.
And when asked by justice Kombe whether he received an affidavit in opposition or the defence from the defendants , Banda said his client was not served with those documents but only saw them on social media.
But the judge said despite him not being served with the said documents, she was confirming that Kambwili had filed an affidavit in opposition and his defence.
Banda then asked the court for an adjournment to allow him some time to respond to both the defence and an affidavit in opposition.
On the fact that both Kambwili and his lawyers were not before court, judge Kombe had no other option but to adjourn the matter to March 1 for Mumbi reply to Kambwili’s affidavit in opposition.
In his defence, Kambwili told the court that some of the contents complained of by Mumbi were a fair comment and statements of facts which emanated from reasonable observations of the defendant.
The former information minister argued that the words which Phiri is complaining of are true and not malicious in nature.