By Chisomo Phiri
High Court Judge Howard Pemba on Monday ruled that private practice lawyer and corruption whistleblower Alexious Kamangila is in default in a defamation case filed by High Court Judge Kenan Manda, clearing the way for damages to be assessed.
The ruling follows an application made last Friday by Manda’s lawyer, Michael Goba Chipeta, who sought to have Kamangila’s defence struck out.
Chipeta argued that Kamangila failed to comply with scheduling conference directions issued on March 5, 2025, which required him to file witness statements and skeleton arguments within 21 days.
In his ruling, Justice Pemba found that Kamangila had not complied with the court’s directions and certified that Manda’s application could proceed ex parte, without prior service on the defendant.
The judge further ordered that the assessment of compensatory, aggravated, and exemplary damages be referred to the Registrar of the High Court and Supreme Court of Appeal for determination on a date to be fixed.
The court order also includes a permanent injunction restraining Kamangila, whether personally or through his agents, legal representatives, or anyone acting on his instructions from publishing or causing to be published the same or substantially similar defamatory statements concerning the claimant.
It further directs him to remove or delete the contested publications, as well as any materially similar content within his control, within 24 hours of being served with the order.
The order reads in part: “The defendant is hereby permanently restrained, whether by himself, his servants, agents, associates, legal practitioners, or any person acting at his direction or procurement, from publishing or causing to be published the same or substantially similar defamatory words concerning the claimant.
“The defendant shall within 24 hours of service of this order, remove, delete, take down or procure the removal of the offending publications complained of in the statement of case and any materially similar publication within his custody, power or control.”
Kamangila has since indicated that he disagrees with the ruling.
In the initial demand letter dated October 7, 2024, Manda sought K250 million in damages, an apology, and a cessation of ‘further defamatory statements or dissemination of false information’ about the judge.
