PATRIOTIC Front cadre Munir Zulu has asked the Lusaka High Court to throw out the case in which he has been dragged to court for defaming NDC leader Chishimba Kambwili for failure to prosecute the case.
In this matter, Kambwili sued Zulu in the Lusaka High Court claiming damages for malice and injury suffered when Zulu alleged that Kambwili was mentally unsound when he accused President Lungu, former assistant to the president for press and public relations Amos Chanda and himself of being corrupt.
Kambwili in his statement of claim stated that Zulu, during a press briefing on October 6, 2017 accused him of being mentally unsound as his behaviour did not inspire hope, causing him to get involved in road mishaps whenever he was driving.
In his affidavit in support of summons for an order to dismiss matter for want of prosecution, Zulu, through his lawyer, Melisa Phiri of Messrs Makebi Zulu and company, said Kambwili had failed to comply with court orders where he was told to render a reply to Zulu’s defence.
Phiri claimed that the case had delayed owing to Kambwili’s failure to comply with court orders of August 1, 2019.
Zulu’s lawyer claimed that it was clear that Kambwili was not desirous to prosecute his case and prayed that the matter be dismissed for want of prosecution.
“The plaintiff commenced the action on December 8, 2017 and the defendant filed his defense on August 7, 2018. On August 1, 2019, the court gave orders for directions. The record will show that the plaintiff (Kambwili) has not complied with the said orders for directions,” Zulu said.
“This matter has suffered inaction on the part of the plaintiff and its advocates. Owing to that reason, it is clear that the plaintiff is not desirous of prosecuting this matter as he has not complied with the order of this court thereby delaying the ends of justice in the matter.”
Zulu’s lawyer said the case was proper and fit for the court to exercise its discretion by dismissing the matter for want of prosecution.