Kambwili asks court to uphold default judgement
By NATION REPORTER CHISHIMBA Kambwili wants the Lusaka High Court to reject PF member Munir Zulu’s application to have the default judgment set aside in a matter where he is claiming damages for defamation.
In his affidavit in opposition to the setting aside of the default judgement, Mr Kambwili said Mr Zulu had not demonstrated any special circumstance to warrant a grant of a stay in his favour.
“I seek the indulgence of this court to dismiss Mr Zulu’s application as it does not demonstrate any special circumstance to warrant the grant of a stay,” Mr Kambwili said.
Earlier, Mr Zulu pleaded with the court that the judgment delivered in February 2018 due to his failure to file defence be set aside arguing that he was never served with the summons.
Mr Kambwili argued it was not correct that Mr Zulu was not served with originating process in this matter as the same was served on him within the stipulations of the law and to the satisfaction of the judge handling the case.
He further argued that rules prescribing time limit within which steps must be taken in legal proceedings must strictly be adhered to and parties who ignore them, do so at their own peril.
Mr Kambwili also claimed that Mr Zulu called him to further harass him but that he refused to answer to the said defamatory allegation knowing that the matter was in court.
“The defendant personally telephoned me to further harass me and I informed him that I would not answer to his defamatory allegations when he knew the matter was in court; to which he answered that he was very aware of these proceedings before this court,” he said.
The Roam Member of Parliament sued Mr Zulu for defamation claiming damages for alleged malice and injury suffered.