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Kambwili, Nkombo’s lawyers vow to fight Mosho with vigorBy Zondiwe Mbewe on 31 Oct 2018
NDC consultant Chishimba Kambwili and Mazabuka UPND member of parliament Gary Nkombo’s lawyers have warned Lusaka lawyer Lewis Mosho that any attempt he makes to infringe upon their clients’ rights will be resisted with vigour at him.
And the lawyers have charged that for Mosho to claim K5 million from their clients as though it’s debt, and thereafter proceed to make unsubstantiated threats of commencing bankruptcy proceedings against them, is not only unprofessional, but mischievous and dishonest because the costs have neither been agreed nor taxed.
In May, Mosho’s law firm, Lewis Nathan Advocates, wrote to the two parliamentarians demanding K5 million as compensation after the Lusaka High Court threw out the dual’s petition to join the impeachment case with costs.
And in a follow-up letter addressed to their lawyers from Malambo and Company, CL Mundia and Company, Keith Mweemba and Advocates and PNP Advocates dated October 26, Lewis Nathan Advocates threatened bankruptcy proceedings.
But in a letter addressed to Mosho dated October 29, Kambwili and Nkombo’s lawyer M Haimbe from Malambo and Company observed that the contents in Mosho’s last letter made sad reading on account of his deliberate misapprehension of the law regarding party-to-party costs.
“We are in receipt of your letter of October 26, 2018, whose contents make sad and disappointing reading on account of your deliberate misapprehension of the law regarding party-to-party costs. Going by recent press reports, your letter was no doubt aimed at sensationalising what in effect is a simple and straightforward matter,” read the letter.
Haimbe stated that in May, they had replied to Mosho’s letter where he was claiming the exorbitant sum as costs, and that they rejected it as it was not reflective of the costs payable for one application.
“As you are aware, on May 28, 2018, we replied to a letter authored by yourselves on May 24, 2018, in which you claimed the exorbitant sum of K5,000,000 as costs for one interlocutory application. In our letter, we made it clear that the sum claimed by you, as costs, was rejected as it is unrealistic, exorbitant and not reflective of the costs payable for one application,” read the letter further.
Haimbe charged that for Mosho to now claim K5 million from their clients as though it was debt and, thereafter, make threats of commencing bankruptcy proceedings against them, was being unprofessional, mischievous and dishonest.
“That you should now claim the said sum as though it is a debt properly due to you by our client and, thereafter, proceed to make unsubstantiated threats of commencing bankruptcy proceedings against our client on that basis is, to say the least, being unprofessional, mischievous and, to all intents and purposes, dishonest, given that your costs have neither been agreed nor taxed,” read the letter.
Haimbe stated that Mosho’s conduct fell below what was expected of respectable legal practitioners.
“With respect, if any is due under these circumstances, we consider that your conduct falls well below that expected of respectable legal practitioners and definitely falls foul of rules 32 (1)(a)(I) and 38 of the Legal Practitioners Practice rules. That being said, our instructions are to inform you, as we now do, that any attempt to take the unlawful steps you propose in your letter, or indeed any attempt you may make to infringe upon our clients’ rights, will be resisted with vigour at you and your client’s ultimate costs,” read the letter.
About Zondiwe Mbewe
Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.
Email: zondiwe [at] diggers [dot] news
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