Kambwili’s default judgement quashed
THE Lusaka High Court has set aside a default judgement earlier entered in favour of PF Roan Member of Parliament Chishimba Kambwili in a matter where he sued Special Assistant to the President for Press and Public Relations Amos Chanda for alleged defamation.
High Court Deputy Registrar Irene Washimanga set aside the judgement in default of appearance and defence after Mr Chanda applied to have it dismissed.
In this matter, Mr Kambwili accused Mr Chanda of defaming him after he allegedly called him a thief and a criminal on October 9, 2017 and January 31 2018. After hearing arguments from both parties, Ms Washimanga granted Mr Chanda’s plea. She ordered Mr Chanda to file his defence and affidavit to that effect.
Earlier Mr Chanda through his lawyer Eric Silwamba was shocked when the judgement in default of appearance and defence was entered and he argued that all the documents he had filed into court possess the requisite defence.
Mr Silwamba however, said that on June 1 2018 the application for injunction was heard inter parte and the court had even reserved ruling to a date to be communicated.
He argued that his client (Mr Chanda) filed a number of documents that include an application to set aside the originating process for irregularity and that Mr Kambwili responded by way of opposition. He indicated that the interest of justice would be served if the said default judgement was set aside.
“I believe that the interest of justice will be served if the judgement in default of appearance and defence is set aside as my client possesses the requisite defence on the merits which has already been filed,” Mr Silwamba said.