PAY KAMBWILI COSTS IN DISCONTINUED HEARING, COURT ORDERS ATANGA

By GRACE CHAILE LESOETSA THE Lusaka High Court has ordered National Democratic Congress (NDC) Secretary-General Bridget Atanga to pay Chishimba Kambwili costs in a matter she discontinued against him. Ms Atanga sued the then expelled NDC president Kambwili seeking a declaration that he stops masquerading as the party’s president. But she discontinued the case against Mr Kambwili before filing a new case in the Ndola High Court on similar allegations. However, Mr Kambwili who has re-joined the Patriotic Front (PF) asked the court to order Ms Atanga to pay him costs. He argued that the court had discretionary power to make any order including for it to order Ms Atanga to pay him costs in the discontinued case. But Ms Atanga contended that the former NDC leader never entered appearance to the writ of summons and statement of claim to warrant any claim for costs in the matter. She said that Mr Kambwili’s application be dismissed for being misconceived and that he be condemned to pay the costs for the said application. The court in its ruling said that it was a general rule that a discontinuing party ends up paying the other party costs. “The upshot of the matter is that I agree with arguments canvassed by the defendant ‘s advocates before this court that the defendant is entitled to costs up to the time that this matter was discontinued  and hereby award costs to the defendant which costs are to be taxed in default of agreement,” ruled the court.