LUSAKA High Court judge Anessie Banda-Bobo has set March 6 for hearing an application in which PF supporter Ibrahim Mwamba has asked the court to discharge an injunction granted to Chishimba Kambwili in a matter he sued the former for defamation.
Kambwili, who is Roan PF member of parliament and National Democratic Congress political advisor, sued Mwamba for defamation and obtained an interlocutory injunction against him.
Kambwili is seeking exemplary and punitive damages for libel, compensatory damages, damages for mental anguish and strain arising from false and malicious statements they caused to be published in various media.
He complained about the words Mwamba allegedly uttered at a press conference held in October last year that he was suffering from a mental disorder or had a mental illness which he was hiding as this would prove that he was an incapable leader and someone whose words could not be taken seriously.
According to an application to set aside the injunction which the court granted Kambwili restraining Mwamba from issuing defamatory statements against him, the defendant submitted that Kambwili’s affidavit was incompetent and improper before court, adding that it contained a legal argument and conclusion respectively.
“I believe that this is a proper case in which the court may exercise its discretion to have the affidavit set aside,” he said.
Mwamba, in his skeleton arguments filed in court, submitted that Kambwili’s affidavit contained statements equating to a legal argument and conclusion which made it defective adding that it breached the rules of the court.