Luyanda Kopakopa, the girl who complained that she found condoms in Edith Nawakwi’s sausages is still detained at Kabwata police station.
The 19-year old clinical medicine student was arrested following a complaint by Edith Nawakwi after she produced and circulated videos in which she said she found a condom in a sausage made by Legana Investments. Luyando also sued Legana Investment Limited for the nausea she suffered.
But Legana owner Edith Nawakwi, working with Kabwata police, has made sure the complainant is detained and denied police bond. Libel, the offence she has been given is bailable and police have powers to give bond. But they can’t maybe because they have been given sausages.
And while her victim is defenceless in police custody, Nawakwi has moved to the high court to block the civil suit started by the detained victim.
Nawakwi has asked the Lusaka High Court to set aside the action claiming it has irregularities.
Nawakwi has argued that the said student, Luyando Kopakopa, issued the process against Legana Meat Products, an entity that’s separate and distinct from Legana Investment Limited.
Kopakopa sued Legana Meat Products and Pick N Pay in the Lusaka High Court, claiming damages for nausea and excessive vomiting after allegedly consuming Hungarian sausage which had what appeared to be used a condom and human flesh
But Nawakwi has now asked the court to set aside the a writ of summons and statement claim filed by Kopakopa for irregularities.
Nawakwi wants the court to throw out the case without giving the detained student a chance to correct the last name of the company.
Nawakwi also told the court that since she, Nawakwi has also sued and caused Luyando to be arrested, the court should only hear the cases which Nawakwi started and not the one started by the student in jail.
“That I further wish to bring to the attention of the court that Legana Investment Limited has an active case against the plaintiff herein and one Eric M. Nhandu under cause number 2019/HP.1273 based on the same facts as this purported cause i/e allegations that the plaintiff found a condom in a sausage produced by Legana Investment Limited,” read the affidavit.
She stated that she was advised by lawyer and believed that the court ought to set aside the action without the option to amend or re-issue process, as the same subject matter would result in duplicity of actions and abuse of court process as there would be two matters running regarding the same subject matter.