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| National |
| Kalaile accused of hiding information |
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by
Olivia Kumwenda, 24 May 2005
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14:27:18
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Lawyer for a businessman who has dragged Supreme Court Judge James Kalaile to court, claiming $39,000 due to him as payment for scrap metal he sold to a company in which the judge was partner, yesterday accused him of withdrawing information essential to the case.
Aubrey Makata sued Kalaile and the matter was dismissed in 2003 after the judge’s lawyer argued he was not liable as he joined the company after Makata had already sold it the metal.
But lawyer Edwin Banda charged on Monday that Kalaile concealed crucial information when he told the court that he became a partner in Bayley Enterprise long after Makata clinched the deal, insisting Kalaile was a silent partner.
Banda argued before Judge Healey Potani that the case should go for trial because his client had uncovered information contracting Kalaile.
“The defendant concealed essential information. At first the defendant denied being a partner of Bayley Enterprise but later my client found out through the registrar of companies’ office that the defendant became a (general) partner in 1997,” said Banda
He continued: “it was later found out the defendant was a silent partner before 1996 and we do not know how far we can go. This shows that the defendant concealed information that he was a partner before 1996, we need to question the defendant and produce witnesses, this would need a trial.”
Kalaile’s lawyer Kalekeni Kaphale insisted his client became a partner in 1997 after Makata had sold the scrap metal.
“It is the plaintiff alleging that the defendant was a partner before 12 September 1996, he who alleges must prove,” said Kaphale.
The case has since been adjourned to 21 June 2005 where the judge will decide whether the case should go for trial or not.
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