Fashion Sakala’s alleged ex-lover has been granted leave by the Lusaka High Court to apply to the Court of Appeal against the decision to dismiss her matter against the Chipolopolo striker for want of prosecution.
Linnety Kaoma who was alleged to have been in a steamy four-year long relationship with the married Sakala applied for a restraining order to stop him from distributing to the public her nudes.
However, Judge Gaudentia Salasini in an order dated November 27, 2023, dismissed the matter on ground that Kaoma had failed to prosecute it.
Kaoma in her affidavit in support of summons for an order to appeal to the Court of Appeal against the order said she had not failed to prosecute the matter to warrant its dismissal.
She argued that she had actively prosecuted the case from its inception and that the matter had never been, at any point whatsoever, inordinately or inexcusably inactive to warrant a dismissal for want of prosecution.
She complained that Sakala other than vaguely responding to her demand letter, had shown no interest in defending the case and had not filed his defence since the initial service of process in February, this year.
She added that her lawyers have thrice served the defendant with Court process, but that the Court had refused to acknowledge proof of service.
Kaoma said her lawyers managed to serve process on Sakala in Ndola last month, which he acknowledged and later engaged Messrs Tembo Ngulube & Associates, to represent him in the matter.
She contended the matter required a trial to ensure its determination was on merit, thus, asked for leave to appeal to the Court of Appeal.
“Upon hearing Counsel for the plaintiff, and upon reading the affidavit deposed to by a one Linnety Kaoma, filed herein in support of the application for an order for leave to appeal against the court’s order dated November 27, 2023, dismissing this matter for want of prosecution, it is ordered that: That the plaintiff is at liberty to appeal against the order before a single Judge of the court of appeal within 14 days from the date of this order,” Justice Salasini ordered.
Sakala is accused of threatening to circulate x-rated pictures which he got during one of their steamy online chats while she was in a shower.
She stated: “We would often engage via WhatsApp video calling and would very often do so whilst taking showers, or whilst engaging in some virtual intimacy of some sort”.
Kaoma stated that their relationship came to an end in May last year and that Sakala began a relationship with her sister.
She stated that toward the end of their relationship, she was tormented by Sakala who continuously issued threats that he was armed with a lot of damaging content of her and that he would “spill the beans” at any time.
“On one occasion, whilst the parties were engaging in their usual virtual intimacy, via the video call, the Sakala did, without the knowledge or consent of Kaoma take a screenshot of the video call, capturing the likeness of the plaintiff in an image that would be considered not only obscene, but also offensive to a reasonable third party viewing the photo,” she said.
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