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Court orders PF official to pay Andrew Banda K30,000 for defamation

THE Lusaka High Court has passed a consent judgment in favour of Andrew Banda in a matter he sued PF Eastern Province secretary Joseph Kolosa for defamation.

But Kolosa alleged that Banda discontinued the case after he demanded to be paid K23,000, of which K10,000 was paid.

Meanwhile, Banda says he went ahead with the court issue after Kolosa failed to settle the full amount he demanded within a stipulated time.

According to the consent judgment which was passed by judge Mwape Bowa, Kolosa should pay Banda K30,000 for the wasted costs under the proceedings.

“By consent of both parties herein its hereby adjudged as follows; (1) that the defendant having accepted liability and rendered an apology and the plaintiff accepts the same as reparation for the loss and damage occasioned to him; (2) that the defendant is hereby restrained from making any malicious falsehood and defamatory statements against the plaintiff whether by themselves, his agents or servants whatsoever description;(3) that the wasted costs for the proceedings under this cause are agreed in the sum of K30,000.00 to
be paid to the plaintiff ’s within the next seven days from the day hereof and that the defendant shall bear the costs of the proceedings excluding the costs to the plaintiff to be taxed in default of agreement,” the judgment reads.

Andrew was represented by Muleza Mwiimbu and Company.

When contacted Kolosa said he was not aware of the consent judgment.

“What I know is that Andrew Banda discontinued the case after he demanded to be paid K23,000. He prepared a document which I signed and we paid him K10,000 to date. How do you take a closed case back to court where you have started receiving some money? Andrew Banda uses UPND lawyers and the case is becoming more political than anything. At the moment I have no case against Mr Banda, I only owe him K13,000, which I have not refused to pay. Let him bring a demand letter for K13,000,” said Kolosa.

But Andrew accused Kolosa of wanting to make the matter political.

“Everyone, including his masters whom I know, have distanced themselves…. The K10,000 was paid in two lots eight months ago and only 21 days were agreed so what the hell is this element without a known pedigree hallucinating about?” he asked.

Andrew dragged Kolosa to court after he called him Andrew ‘Matenda’ Banda after the former diplomat featured on a Feel Free FM radio programme.

Early this year, Andrew went on air to discuss issues to do with the demolitions of structures that the government embarked on as a preventive measure against Cholera outbreak.

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