Legana Investment Limited director Edith Nawakwi has asked the Lusaka High Court to set aside the action which a clinical medicine student commenced against her firm in the said court, for irregularities.
Nawakwi has argued that the said student, Luyando Kopakopa, issued the process against Legana Meat Products, an entity that’s separate and distinct from Legana Investment Limited.
This is the matter in which Kopakopa sued Legana Meat Products and Pick N Pay in the Lusaka High Court, claiming damages for nausea and excessive vomiting after allegedly consuming Hungarian sausage which had what appeared to be used a condom and human flesh
But Nawakwi has now asked the court to set aside the a writ of summons and statement claim filed by Kopakopa for irregularities.
In an affidavit in support of summons for an order to set aside writ of summons and statement of claim for irregularity, Tuesday, Nawakwi explained that on August 12 this year, Kopakoka caused to be issued, a writ of summons and statement of claim which was served on Legana Investments Limited as the purported first defendant.
She further stated that according to the perusal of the same, it revealed that Kopakopa issued a process against a business name or entity, Legana Meat Products, that was separate and distinct from Legana Investment Limited and as such, she believed the action could not be sustained against her company.
Nawakwi stated that a further perusal of the originating process revealed that Luyando had not revealed her residential, postal and electronic address as per requirement of the law, thus making the process irregular.
She added that the action purportedly commenced against Legana Investment Limited was irregular and liable to be set aside for such irregularity.
Nawakwi further brought to the attention of the court that her company also had an active case against Kopakopa and another, which was based on the same facts.
“That I further wish to bring to the attention of the court that Legana Investment Limited has an active case against the plaintiff herein and one Eric M. Nhandu under cause number 2019/HP.1273 based on the same facts as this purported cause i/e allegations that the plaintiff found a condom in a sausage produced by Legana Investment Limited,” read the affidavit.
She stated that she was advised by lawyer and believed that the court ought to set aside the action without the option to amend or re-issue process, as the same subject matter would result in duplicity of actions and abuse of court process as there would be two matters running regarding the same subject matter.
Nawakwi noted that Kopakopa could file a defence and issue a counterclaim under cause number 2019/HP/1273 if she so wished.
Legana Investment Limited has equally sued Kopakopa and her boyfriend in the Lusaka High Court, claiming damages for accusing it of producing sausages contaminated with condoms and human flesh.
Legana Investments is seeking exemplary and special damages from Kopakopa and Eric Nhandu for defamation of character, as well as, interest and costs.