FORUM for Democratic Alternative (FDA) president Ludwig Sondashi has lost a Supreme Court appeal against the Daily Nation
Dr. Sondashi sued the Nation for defamation but lost in the High Court. He appealed to the Supreme, where he again lost.
Supreme Court Judge Mumba Malila dismissed Dr Sondashi’s appeal because there was no alertness on the part of Dr Sondashi in applying for the extension of time in lodging his appeal.
The Nation which was represented by Lawyer Marshal Muchende of Dindi and company argued that Dr. Sondashi had sat on his right to appeal and could not be allowed to proceed.
Judge Malila said Dr Sondashi’s appeal to the Supreme Court against the High Court ruling over the matter had not been appealed against.
He ruled that Dr Sondashi’s ‘‘cunctation’’ through his lawyer had caused the malaise the FDA leader had found himself in.
Judge Malila said Dr Sondashi had filed the notice of appeal on 27th May, 2015 and had up to 27 July the same year in which to file an appeal but failed to do so.
He ruled that at the time he was passing judgment, there had been no record to the effect that Dr Sondashi had the intention of making an application to appeal against the High Court ruling.
Judge Malila said the Daily Nation promptly applied that Dr Sondashi’s appeal to the Supreme Court should be dismissed for want of prosecution.
“All I can say is that had alertness on the part of counsel for the appellant attended the need to apply for extension of time, the respondent’s application would have been fanciful.
‘‘The appellant’s cunctation through his learned counsel has caused the present malaise. For the forgoing reasons, the appeal by the appellant is dismissed for want of prosecution,” Judge Malila ruled.
Dr Sondashi sued the Daily Nation and Higher Education Minister Michael Kaingu for defamation over an article the newspaper published on why the FDA leader was allegedly fired by former president Frederick Chiluba.
He claimed the words were a bitter, malicious and unjustifiable attack because Dr Kaingu meant and was understood to mean that he was a corrupt person who was unfit to practice law and contest for president of the nation.