Court reserves ruling in Sata’s defamation case involving Kunda’s wife, Irene

Court reserves ruling in Sata’s defamation case involving Kunda’s wife, Irene
By Maluba Jere
Fri 11 Feb. 2011, 04:01 CAT

LUSAKA High Court judge Evans Hamaundu has reserved ruling to February 18, 2011 on whether or not Vice-President George Kunda's wife, Irene, should be struck out as a plaintiff in a case where Michael Sata has been sued for defamation.

Sata's lawyers last week asked the court to strike out Vice-President Kunda's wife, Irene, who is the second plaintiff in a case where the Patriotic Front leader has been sued for defamation.

According to a notice of intention to raise preliminary issue pursuant to 0.14 r 5 (2) of the High Court rules, chapter 27 of the Laws of Zambia, Sata's lawyers raised the preliminary issue on grounds that Irene was improperly joined to the proceedings.

“Take notice that at the hearing of the matter on 3rd February 2011 at 09:00 hours, the defendants herein will raise a preliminary issue on the ground that the second plaintiff is improperly joined to these proceedings and should therefore be struck out,” said the defence.

The matter which came up for hearing before judge Evans Hamaundu in chambers could therefore not proceed because the plaintiffs were only served with the notice a day before and needed time to respond.

In this matter, George Kunda and Company as a firm and Irene have sued Sata and QFM Radio claiming damages for libel contained in a radio interview aired when Sata featured on a programme on January 18, 2010.

Vice-President Kunda's firm is also claiming damages for libel against Sata and QFM in an article entitled 'Sata unearths a K3.5 billion scam...as he writes to RB to investigate his vice George Kunda'.

Vice-President Kunda's firm also wants an injunction restraining Sata and QFM whether by themselves and or their agents from further broadcasting and publishing the defamatory words complained of or any similar libel concerning the plaintiffs.

They are also claiming interest and costs. The plaintiffs were expected to respond to the preliminary issue raised by the state by yesterday.

When the matter came up for arguments in chambers yesterday, judge Hamaundu reserved ruling to a later date while the main matter has been adjourned to May this year.