Court discards compensation claim over theft remarks

Written by on August 7, 2019


A Lusaka local court has dismissed a claim for compensation for alleged of defamation of character due to lack of evidence.

This is in a matter Kaleya Mukishi, a machine operator of Kanyama Township, sued Tibaibu China, an engineer of Chilanga District, in the Chilenje Local Court for reportedly calling him a thief.

Appearing before senior local court magistrate Ackim Phiri, sitting with senior local court magistrate Harriet Mbewe, Mukusi accused China of calling him him a thief after four containers of oil reportedly disappeared on the work site.

He said China took him to the police station, accusing him of stealing the containers of oil and that he was detained for four days but was released because there was no case against him.

“The police wrote the document saying that I had no case to answer. I want him to pay for calling me a thief when I didn’t steal,” he said.

But China, in his defence, denied ever calling Mukisi a thief.

“When I found out that the containers of oil were missing, I called Mukisi and his friend who sleep in the room where we kept the containers? Mukisi came but his friend ran away,” he said.

China said, “I asked Mukisi why the containers were missing. I then called my boss and we took Mukisi to the police for investigations.’’

The court dismissed the case on grounds that China didn’t call Mukisi a thief but simply handed him over to the police for investigations.

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