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DETERMINED to see Chipolopolo striker Fashion Sakala’s disciplined for circulating her nakedness, his former lover Linnety Kaoma has asked the Lusaka High Court to grant her permission to appeal its decision to throw out her nude case for want of prosecution.
Kaoma lamented that she has actively prosecuted the case from the beginning and it has never been dormant to warrant its dismissal by the Court on reasons that she failed to prosecute it.
In this case, Sakala has been taken to court by his enstranged former lover for sending her nude pictures which he screenshot during their Whatsapp video calls, to her younger sister
Jilted Sakala resorted to share photos of his naked lover which he had screenshot while the two were having a virtual sex session during their relationship in the wake of COVID-19.
Angered that her nakedness was sent to her younger sister whom Sakala intended to take to bed, Kaoma rushed to Court and obtained a restraining order preventing the footballer from invading her privacy.
Last week judge Gaudentia Salasini dismissed the case on reasons that Kaoma was not serious with prosecuting the case as she failed to prove having served Sakala the law suit using a media platform with wide circulation.
However, Kaoma wants to contest judge Salasini’s decision to throw out the case when she filed proof of service on the football star.
She explained that the court process was served on Messrs. Tembo Ngulube and Associates who had instructions to receive the demand letter, but the said process was later on returned to her advocates for failure of instructions from Sakala.
She said her ex-lover was served the process via registered mail DHL which he signed for and acknowledged receipt in February this year after efforts of trying to locate him.
“ The defendant, other than vaguely responding to the letter of demand, has continuously showed no interest in defending the matter (despite being fully aware of the matter even through various social media platforms) and never filed a defense to the originating process since the initial date of service,”Kaoma said.
She indicated that her lawyers filed proof of service after she was granted an injunction.
Kaoma said after following up with judge Salasini’s marshal to inquire if she had signed the default judgement, she was informed that the judge had refused to do so as the affidavit exhibiting proof of service was not sufficient.
“My advocates requested DHL for a copy of the proof of delivery, the same of which was availed to them showing the place and time on which the defendant (Sakala) had personally acknowledged receipt of the originating process,”she said.
She said when she attempted to serve him the injunction DHL informed her that Sakala had relocated as he no longer played for his Scottish Premiership club Glasgow Rangers upon clinching a better deal with Al-Fayha football club in Saudi Arabia.
Kaoma said upon notifying the judge about her difficulties in shipping the documents to Sakala’s known residence in the United Kingdom, the Court advised her to locate his next of kin.
The plaintiff indicated that she wrote to the Football Association of Zambia inquiring about Sakala’s whereabouts but it was uncooperative.
She said during a status conference her lawyers were admonished for writing to FAZ instead of locating the striker’s parents.
Kaoma indicated that Sakala was later served the injunction in a British newspaper before he was personally served the documents at his hotel in Ndola on the Copperbelt before the copper bullets could take on Congo Brazzaville in football match last month.
The complainant said another affidavit was filed by her lawyers on November 24, but to her surprise judge Salasini dismissed the case on November 27 for want of prosecution.
She said she wants to contest judge Salasini’s decision in the Court of appeal as there are triable issues in the matter that ought to be determined on merit.
“No prejudice will be occasioned to the defendant by the grant of this application, but that conversely, the interest of justice will be served,seeing the defendant has since engaged Counsel and is now ready to defend the matter,”said Kaoma.
“The Court will now have the benefit of hearing both parties and arriving at a decision from an informed point of view.”
By Mwaka Ndawa
Kalemba December 6, 2023.
