LUSAKA magistrate Humphrey Chitalu has dismissed a case in which State Counsel Nchima Nchito was in court for allegedly personating as a Post Newspapers Limited (in liquidation) lawyer.
Former Post employee Abel Mboozi had dragged Nchito to court for alleged personation but trial in the matter has never commenced from the time the complaint was lodged early this year.
Mboozi, through his private prosecutor Robson Malipenga, last month applied to withdraw the case but Nchito’s lawyer Musa Mwenye submitted that the withdrawal of the complaint was supposed to be done in the presence of Mboozi, a position magistrate Chitalu agreed with.
Magistrate Chitalu then ordered Mboozi to appear before him on November 20 to confirm his application to withdraw the matter but the complainant never showed up in court and the matter had been adjourned on several occasions due to his non-appearance.
And when the case came up today, Mboozi and his lawyers were still not present in court.
Mwenye said the complainant and his lawyers were not present despite the lawyer having insisted that the case be adjourned to December 4.
He submitted that the court had the powers to dismiss the case.
And magistrate Chitalu dismissed the case for non-appearance of the complainant at the hearing.
“The complainant having failed to appear and notwithstanding that he was given sufficient time, this case is dismissed for non-appearance of the complainant at the hearing,” said magistrate Chitalu.
It was alleged that Nchito between November 1, 2016 and February 2017, at Lusaka, with intent to defraud, filed court process in the High Court with cause number 2017/HPC/0059 thereby falsely representing himself as an advocate genuinely appointed by the Post Newspapers Limited (in liquidation).