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A Kitwe resident has submitted to the Lusaka High Court, that former Katuba Member of Parliament, Bampi Kapalasa was not entitled to his claim of K400,000, as there was no illegality in obtaining the money.
In this matter, Kapalasa sued David Mensah, resident of plot no.43, Limulunga Crescent, Riverside, Kitwe, the Attorney General and Speaker of the National Assembly, Nelly Mutti, that they pay back the K400,000.00, being his end of year gratuity earnings.
He stated that the matter was based on an alleged loan contract and not on financial maintenance of Mensah and yet he applied for an order of attachment of his earnings, namely gratuity.
But in defence, Mensah stated that on May 11, 2022, he filed a lawsuit in the Kitwe High Court under cause no.2021/HK/162 against the ex-MP as first defendant, Joseph Chisala (MP) as the second defendant and the then speaker of National Assembly as the third defendant.
He said that on May 12, 2021, he was granted an interim order for payment of sufficient security and attachment of earnings under the said cause number 2021/HK/162.
Mensah further stated that on June 11, 2021, he and Chisala into a consent.
He stated that Kapalasa has never appealed against all the decisions of the Kitwe High Court saying the interim order for payment of sufficient security and attachment of earnings was not set aside.
“That to my knowledge the interim order for payment of sufficient security and attachment of earnings dated May 12, 2021; the consent order dated June 11,2021; the ex-parte order and default judgment dated July 12,2021, the ex parte order of payment out of court dated July 27,2021.
“The order striking out dated March 11,2022 and the order of dismissal dated April 19,2022, have never been varied, vacated and or set aside by any court nor appealed against by any of the parties under cause number 2021/HK/162,” he said.
Mensah submitted to court that Kapalasa will at trial be made to prove the allegations of illegality and that he was not entitled to any of the reliefs he was claiming.
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