The Lusaka High Court has dismissed the injunction granted to Kabwata member of parliament Given Lubinda in which he had sought a court injunction to retrain the Daily Nation from publishing articles about him.
The articles over which Lubinda took the newspaper to court for were ‘Lubinda’s inflated ego’ and ‘Sata has let Lubinda down’, but Justice Sichinga discharged the order of injunction granted on July 15, 2013.
Justice Sichinga stated in his ruling that it was trite that injunctions were a form of equitable relief granted at the court’s discretion.
“I have carefully considered the affidavits on record together with the skeleton arguments and written submissions. From the onset, it is trite that injunctions are a form of equitable relief at the courts discretion. In this matter, I have firstly considered whether the plaintiff herein has substantive cause of action,” Justice Sichinga said in his ruling.
He said while the plaintiff was a public figure being a member of parliament and a senior member of the ruling party, it was also true that the defendant, the Daily Nation was a popular daily newspaper.
“The plaintiff here in is a public figure being a member of parliament and a senior member of the ruling party. The defendant on the other hand is a popular daily newspaper and in the event that the defendant was found liable, they would in my view be able to settle the appropriate sum in damages to the plaintiff. For the forestated reasons, I discharge the order of injunction granted on the 15th day of July, 2013,” Justice Sichinga ruled.