THE Lusaka High Court has withdrawn an application to enter judgment upon admission in a matter in which a well-known traditional healer Chileya Chilufya known as Dr Kanono sued three politicians of Lusaka’s Kanyama area for defamation.
In this matter Dr Kanono is claiming K1.030,000 as damage from Maxwell Chifuti, Tendai Daka and Thelma Simanuwe.
The court withdrew the application for an order to enter judgment after Dr Kanono made an application to withdraw the application following his counsel’s advice, a Mr Msoni in light of the proceedings.
The Court ordered that Dr Kanono should bear the costs in default of the agreement at the conclusion of the main matter.
In his application in support of summons to enter judgment upon admission, Dr Kanono asked the Court to grant him an order to enter judgment upon admission together with costs against the accused persons.
But when the matter came up for a status proceedings, Mr Msoni told the court that his client wished not to pursue the application and opted to withdraw his application to enter judgment upon admission thereby allowing the matter to proceed to trial.
And one of the accused’s lawyersl John Chibalabala said Dr Kanono’s application was frivolous and prayed for costs.
Chifuti opposed Dr Kanono’s application because the statement of claim allegedly disclosed no reasonable cause of action.
He said he was not liable to Dr Kanono’s damages or loss.
Chifuti denied that he acted maliciously and without any reasonable belief in citing violence by directing an angry mob to loot and damage the plaintiff’s property on the said premises.
He added that once subjected to trial the defendants would tell the court that the police officers acted on their own initiative in detaining the plaintiff adding that they would not be answerable for any action on the part of the police officers investigating and detaining Dr Kanono.
In a statement of claim filed in the Lusaka High Court, Dr Kanono claims that the three allegedly on December 26, 2015 tarnished his reputation in the right thinking members of public by purporting that he had defiled a 16-year-old girl in Kanyama.
He alleges that Chifuti, Daka and Simanuwe without evidence of the defilement claim incited people in Kanyama to demonstrate until he was arrested and detained in police cells for two days.