FIRST Republican president Kenneth Kaunda has appealed to the Supreme Court against a High Court decision not to set aside a judgment in default that ordered him to pay US$1,208,026 (about K6.6 million) to five law firms.
This is in a matter in which Sakwiba Sikota’s Central Chambers, Lukona Chambers, Patrick Mvunga and Associates, Lighthouse Chambers, and Dove Chambers sued Kaunda and former Justice Minister Sebastian Zulu as members of UNIP for payment of professional legal services rendered in various civil and criminal cases.
The cases involved were the misprison of treason, citizenship, Black Mamba, Kabwe assassination attempt, illegal assembly and presidential election.
The law firms were demanding $1,208,026 but Kaunda and Zulu contended that the legal representation from the lawyers were on voluntarily basis, or pro bono.
The matter has a long history as it started by way of a specially endorsed writ of summons on November 20, 1998.
A judgment in default of appearance was entered on December 8, 1998 in favour of the law firms in the sum of $1,208,026.25 with interest and costs.
On December 16 of the same year, Kaunda and Zulu made an application for the judgment to be set aside.
The acting High Court registrar on July 23, 2013 refused to set aside the default judgment obtained against Kaunda and Zulu, prompting the former President to appeal to the Supreme Court.
Kaunda in his appeal said that he and Zulu were dissatisfied with the decision of High Court Judge Dominic Sichinga because he erred in law and fact when he held that there was no merit in their appeal.
He said the analysis of the evidence by the High Court was not balanced, and that the services the lawyers rendered were voluntary as at no time did they indicate to him or any other UNIP member that they were supposed to be paid.
Ridiculous.. how can such ever be justified??? Third World Fees.. not even possible in the First World.