Sishuwa v Mwamba (HP 423 of 2021) [2022] ZMHC 10 (5 June 2022)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil jurisdiction) BETWEEN: SISHUWA SISHUWA AND 2021/HP/0423 PLAINTIFF EMMANUEL MWAMBA DEFENDANT CONSENT JUDGEMENT Pursuant to Order 21 Rule 4 of the High Court Rules, Chapter 27 of the Laws of Zambia BY CONSENT of the parties acting through their respective Advocates it is HEREBY ADJUDGED as follows: i. Within thirty (30) days from the date hereof, the Defendant shall retract his defamatory statement subject of this action and issue a public apology to the Plaintiff. The text of the public apology shall be approved by the Plaintiff prior to the publication. ii. The Defendant shall cause the apology referred to in paragraph (i) above to be published at his own cost and in the following manner: a) An electronic copy to be published on the Defendant’s Facebook page on which the defamatory article was published and other social media pages on which he caused the same to be published namely; Smart Eagles, Mwebantu and Ask Muvi TV. b) A printed copy to be published prominently in at least one edition each of the News Diggers Newspaper and the Zambian Daily Mail Newspaper. iii. The Defendant shall pay the Plaintiff nominal damages in the sum of ZMW30,000.00. iv. The Defendant shall pay the Plaintiffs costs in the sum of ZMW50,000.00. v. Should the Defendant fail, refuse or neglect to perform any of his obligations under this judgment within thirty (30) days from the date hereof, the Plaintiff shall be at liberty to enforce this judgement without further recourse to the court and may levy execution in respect of any sums payable by the Defendant under this judgment or any part thereof which may still be outstanding. Dated at Lusaka this HIGH COURT OF ZAMBIA Hon. Lady Jus^^^?t^il^^l|^ka HIGH COURT JUbUE We Consent: We Consent: alAdvocates Messrs. Mwenye & Mwi Suite A, First Floor, Philemona Chambers Corner of Chakeluka and Njoka Roads, P. O. Box 50794 Lusaka Messrs. Makebi Zuli/Advocates Plot No. 4470/ House'No. 1 Corner of Zambezi and Mogoti Road, Roma P. O. Box 38200 Lusaka Advocates for the Plaintiff Advocates for the Defendant 2