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Lawyer withdraws defamation suit against Simusamba

LUSAKA lawyer Cheelo Mwiinga has abandoned his lawsuit for defamation against High Court family and children’s division registrar David Simusamba.

This is according to a notice of discontinuance of suit pursuant to Order 17 of the High Court Rules.

“Take notice that the second plaintiff wishes to withdraw all his claims against the defendant in this matter and therefore discontinue his suits against the defendant,” Mwiinga said.

In this matter, Mwiinga, his colleague Christopher Mundia and their client Chishimba Kambwili sued registrar Simusamba for defamation for alleging that they attempted to bribe him in order to deliver judgment in favour of Kambwili in a matter where the latter was convicted on charges of forgery and uttering a false document.

Mwiinga was seeking exemplary and or punitive damages for defamation of character, compensatory damages, damages for mental anguish and strain arising from the false, malicious and defamatory statements.

He wanted a public retraction of the false and malicious allegations contained in a letter to the Chief Justice and an apology to him to his satisfaction in respect of all the defamatory utterances attributed to registrar Simusamba.

Mwiinga, Mundia and Kambwili alleged that registrar Simusamaba authored a letter to the late Chief Justice Irene Mambilima between December 18, 2019 and January 22, 2020 in which he maliciously made false allegations against them in order to escape sanction from the Chief Justice by falsely in turn accusing the complainants of corruption after Kambwili complained against him.

“The plaintiffs will aver at trial and call evidence that the publication by the defendant to the Honourable Chief Justice has caused them embarrassment and has brought their reputations into ridicule and odium as a result of the false and malicious claims by the defendant,” The trio said.

But registrar Simusamba in his defence said Kambwili and his lawyers attempted to bribe him by offering him money and promised to buy him a car in exchange of Kambwili’s freedom but he declined the offer.

He said Kambwili used Mundia and Mwiinga to wheel and deal his acquittal of the criminal charges he was facing.

Registrar Simusamba further disclosed that on December 11, 2019, Mwiinga, who is his personal friend and former classmate at the University of Zambia and Zambia Institute of Advanced Legal Education (ZIALE), approached him indicating that Kambwili was in dire need of help and was willing to offer any amount in order to delay the final determination of case and render judgment in his favour.

He stated that he again declined the offer and directed Mwiinga to refrain from such conduct, and he stopped communicating with him.

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