By Merlyn Mwanza
UPND secretary general Batuke Imenda has argued that the action taken to sue him by Bwalya Malama, who is being represented by Economic Front (EF) leader Wynter Kabimba, for using a Zambia Air Force (ZAF) helicopter is frivolous, vexatious and abuse of the court process.
In his affidavit in support of summons for an order to strike out the writ of summons and claim by Bwalya submitted in the High Court, Imenda argued that the summons and statement of claim by the plaintiff do not disclose any reasonable cause of action.
The UPND SG argued that his flying on the ZAF aircraft upon which Bwalya’s action is premised was a contractual arrangement between ZAF and the 1st defendant to which the plaintiff is not privy to.
He submitted that he had been advised by his advocates, which advice he believes to be true that the plaintiff cannot sue on or enforce a contract to which he is not party.
“That at any rate, the Zambia Air Force also routinely grants airspace indulgence to citizens of the Republic of Zambia, and that such airspace indulgence are not exclusive to the 1st Defendant alone. 9. That I have been advised by my advocates, which advice I verily believe to be true, that the declaratory judgements being sought by the Plaintiff herein so far as they allege illegality and abuse of public resources on the part of the Defendants, belong to the realm of criminal law and are therefore outside the jurisdiction of this honourable court,” submitted Imenda. “That the Plaintiff has also not disclosed which provisions of the law have been violated and upon which he anchors the purported claim or allegation of illegality. That the Plaintiff’s action herein is frivolous, vexatious and abuse of court process. That on account of what is stated above, the writ of summons and statement of claim herein ought to be struck out. That what is stated above is true and correct to the best of my information, knowledge and belief.”
