Peter Cottan and Hon Given Lubinda
Peter Cottan and Hon Given Lubinda

JUSTICE Minister Given Lubinda has asked the Lusaka High Court to maintain its judgment that ordered Economic and Equity Party (EEP) leader Chilufya Tayali to pay him damages for defamation.

In May 2016, Mr Lubinda as Agriculture Minister, together with Food Reserve Agency (FRA) director, Chola Kafwabulula sued Mr Tayali for allegedly defaming them.

However, Mr Tayali pleaded with Mr Lubinda for an out of court settlement in a letter addressed to Mr Lubinda’s lawyers, Ellis and Company Legal Practitioners, in February last year.

Mr Tayali having not defended himself in the matter, the court went ahead to enter a judgement in default of defence last year where he was ordered to pay damages for defamation.

He now wants the court to set the default judgement aside arguing that he is desirous to defend himself.

But Mr Lubinda through his lawyer Kennedy Kaunda, opposed Mr Tayali’s application to set aside the judgement in default of appearance and defence.

He said Mr Tayali filed several affidavits in opposition and in support of diverse applications before the court.

Mr Lubinda further said there was an unreasonable delay on the part of Mr Tayali, therefore, the court should not set aside the default judgement.

Earlier, the court ordered Mr Tayali to pay damages for defaming Mr Lubinda but later halted after Mr Tayali pleaded with the court to allow him.

Daily Nation