Malipenga withdraws case against The Post
Malipenga withdraws case against The PostBy Noel Sichalwe
Friday April 27, 2007 [04:00]
LUSAKA lawyer Robson Malipenga has withdrawn a defamation case against the Post newspaper. Malipenga who is aspiring for the Law Association of Zambia chairmanship has since filed a notice to discontinue the matter. Malipenga sued The Post for damages following a story about a Patrick Ngulube, who sued him for allegedly swindling him out of K166 million.
Ngulube had in December 2005 sued Malipenga for allegedly swindling him out of K100 million. According to the statement of claim that was filed before Lusaka High Court judge Timothy Kabalata, Ngulube stated he sued Malipenga in relation to the house he wanted to purchase.
He contended that in April 2004, he responded to an advert for sale of a house and was later introduced to Malipenga who was representing the vendor. He stated that Malipenga proposed that he represent both him and his client in order to speed up the transaction.
Judge Kabalata awarded Ngulube K166 million in damages and 20 per cent interest. “By admission, I enter judgment as follows, for the plaintiff the sum of K166 million with interest at short term deposit. Damages will be assessed by the deputy registrar and cost to the plaintiff,” judge Kabalata stated.
However, after the publication of the story, Malipenga through his lawyers Paul Bandala Banda & Company sued The Post claiming damages for defamation. He stated that The Post published information about him in relation to his profession that he swindled his client out of K100 million. He claimed to have been seriously injured in his character, conduct and reputation.
In defence Post lawyer Chola Kafwabulula from MNB Legal Practitioners denied the defamatory allegations arguing that the comment was on a matter of public interest. Malipenga has meanwhile confirmed his instructions to withdraw the matter in a letter to his lawyer Paul Bandala Banda & Company. “We refer to the above and the discussion. We confirm our instructions that this matter be discontinued,” he stated.
Malipenga had sued The Post over the story that was published on December 3, 2005 under the headline, ‘Retiree sues Lusaka lawyer over money.” Malipenga is contesting the position of LAZ chairman along with Fraser Chishimba and Elijah Banda. The vice-chairmanship is contested by Mwila Chitabo and Stephen Lungu.
posted by MrK @ 4:41 AM
3 Comments:
Dear Maravi,
You are publishing copyrighted contents for THE POST without THE POST's permission. We will make sure that a legal action is taken against you. We are in the process to contact Google.
There was a time when the Post was about spreading free speech etc. I suppose now that they have grown and have a few bucks...they feel they can flex their muscles..how unfortunate.
You, claiming to be the Post IT-support, how did you know about this site? Did you just start looking for sites where The Post's material is loaded? Definitely no coz you and I both know the massive number of pages on the net. And why should you scare a customer for prosecution for FREELY distributing what he bought?(Who gets Internet free of charge?)Do you follow every physical newspaper in Zambia to see to it that only he who bought it reads it? Moreover, why do you have to post your threat over here, why not personally contact the one you want to contact? I doubt you, hope you are not just one of the ...
Concerned observer.
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