Sishuwa v Mwamba (HP 423 of 2021) [2022] ZMHC 10 (5 June 2022)
By consent, the defendant is required to retract the defamatory statement, issue a public apology approved by the plaintiff, publish the apology on specified platforms, and pay nominal damages and costs to the plaintiff.
Source-derived case information.
- Citation
- [2022] ZMHC 10
- Parties
- Plaintiff: Sishuwa Sishuwa; Defendant: Emmanuel Mwamba
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 423 of 2021
- Procedural Posture
- Civil / Consent Judgment
- Outcome
- Judgment entered by consent for the plaintiff
- Legal Topics
- Defamation, Damages, Apology, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sishuwa Sishuwa
Plaintiff
Emmanuel Mwamba
Defendant
Procedural Posture
Civil / Consent Judgment
Legal Issues
- 1 Whether the defendant published a defamatory statement against the plaintiff
- 2 Whether the plaintiff is entitled to damages and an apology
Ratio Decidendi
By consent, the defendant is required to retract the defamatory statement, issue a public apology approved by the plaintiff, publish the apology on specified platforms, and pay nominal damages and costs to the plaintiff.
Court Disposition
Judgment entered by consent for the plaintiff
Orders
- Defendant to retract defamatory statement and issue a public apology approved by the plaintiff within 30 days
- Defendant to publish apology on specified social media pages and newspapers at his own cost
Full Case Text
Judgment text and source record
1 paragraphs
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