UPND leader Hakainde Hichilema says FDD leader Edith Nawakwi is not entitled to further and better details she is requesting for in his defamation suit as the statement of claim is not deficient in any way.
This is in a matter where Hichilema has sued Nawakwi for defamation of character and is demanding US$3 million as damages for libel for alleging that he illegally benefited himself during the privatisation exercise by dubiously acquiring a house belonging to Lima Bank.
Hichilema wants Nawakwi to reward him US$3,000,000, which he has spent in mitigating the effect of her conduct towards him which emanate from the publication of her defamatory utterances.
He also wants an injunction restraining Nawakwi from further publishing or causing to be published or broadcast the defamatory words.
Nawakwi had charged that Hichilema’s defamation case lacks sufficient particulars to warrant her to defend herself.
In an affidavit in support of summons for an order for further and better particulars sworn by her lawyer Chifumu Banda, Nawakwi requested for better particulars from Hichilema in order for her to defend herself.
“I have read a letter of demand from the plaintiff’s advocates to which Messrs Malambo and Company and I have had opportunity to peruse the writ of summons and statement of claim hereto,” Banda said.
“The perusal of the statement of claim reveals that the same lacks sufficient particulars to enable the defendant to settle a meaningful defence. I have authored a letter to the plaintiff’s advocates requesting for further and better particulars.”
But Hichilema in an affidavit in opposition to summons for further and better particulars sworn by his lawyer Mulambo Haimbe said that the demand letter was concise and segmented under clear headings which detail each of the distinct heads of claim.
” The statement of claim in the matter before this court sets out with sufficient particularity the cause of action herein and the allegations of fact upon which it is founded,” said Haimbe.
“The defendant is not entitled to the further and better particulars requested for. I accordingly responded to the defendant’s (Nawakwi) request for further and better particulars vide my letter of response to the defendant’s advocates dated September 24, 2020.”