LUSAKA businessman Harry Valden Findlay has submitted to the Lusaka High Court that he is still wants to prosecute the matter where he has sued NDC leader Chishimba Kambwili for drug dealing accusations.
Findlay has, therefore, asked the Court to throw out Kambwili’s application to have the said matter dismissed.
In this matter, Findlay has sued Kambwili for accusing him of being a drug dealer and using the Presidential jet to traffic drugs.
Findlay, who is seeking among other claims, damages for libel and slander, lamented that his reputation and character as a renowned businessman has been damaged as he has been labelled a drug dealer and trafficker.
In December last year, the Lusaka High Court confirmed an order of injunction earlier granted to Findlay, restraining Kambwili from defaming him through drug dealing accusations.
High Court Judge Elita Mwikisa observed that if freedom of speech was left unrestricted, it may have serious consequences on the liberties of the individual in a democratic dispensation.
She added that if Kambwili was not restrained, Findlay may suffer irreparable injury or serious mischief.
But Kambwili asked the Court to dismiss the matter for want of prosecution on account of Findlay’s non-compliance with the Court’s orders for directions.
He stated that it was clear from Findlay’s conduct that he was no longer interested in prosecuting the matter.
However, Findlay has argued that he is still extremely desirous of prosecuting the matter.
This is according to an affidavit in opposition to Kambwili’s affidavit in support of summons to dismiss Findlay’s action for want of prosecution for lack of compliance with the orders for directions.
Findlay, through his lawyer Elijah Kaluba, stated that his unfortunate non-compliance of the said orders for directions was not meant to disobey the Court in any way.
Kaluba stated that the said non-compliance was caused due to the parties being on industrial break at the requisite time the list of documents, bundles of pleadings and documents were supposed to be filed.
“In light of the foregoing, the plaintiff (Findlay) has made an application to rectify the said non-compliance via summons for an order to vary orders for directions issued on December 11, 2019, as the Court’s records will show,” Kaluba stated.
“The plaintiff is still extremely desirous of prosecuting the matter.”
He stated that Kambwili would not be prejudiced in any way if the Court dismissed his application, but conversely the best interest of the parties shall be served as the matter will be determined on its merits.
“I verily believe that this is a proper case for this court to dismiss Kambwili’s application,” stated Kaluba.