PAMODZI RESPONDS; CLIENT ASKED FOR SEXUAL MASSAGE
1. The 2ND Defendant does not dispute the contents of paragraph 1 of the Statement of
Claim as they are within the Plaintiff’s peculiar knowledge.
2. The 2″ Defendant does not dispute the contents of paragraph 2 of the Statement of
3. The 2D Defendant does not dispute the contents of paragraph 3 of the Statement of
4. The 2ND Defendant admits to the contents of paragraph 4 of the Statement of Claim only
7to the extent that the Spa offers a wide range of Jiva treatments. The 2nd Defendant
makes no comments regarding who introduced the Plaintiff to the Spa as the same is within the peculiar knowledge of the Plaintiff.
5. The contents of paragraph 5 are admitted only to the extent that the 1st Defendant is
an employee of the of the 2ND Defendant with an exemplary level of professionalism.
The 2nd Defendant wishes to state that Kenneth Musonda is not a masseuse but rather a Masseur in the 2ND Defendant’s Jiva Spa.
6. In reference to paragraph 5 above, the 2ND Defendant will aver at trial that it was the
Plaintiff who did personally request to be served by the 15 Defendant stating that the
theDefendant was recommended by the Plaintiff’s cousin. The 2nd Defendant reiterates that there were masseuses available on the alleged day contrary to the Plaintiff ‘s claim.
7. The contents of paragraph 6 of the Statement Claim are admitted, and the 2″D Defendant wishes to state that from the time it employed Mr. Kenneth Musonda (1$T Defendant) it has had no complaints received against the 1st Defendant from other clients.
8. The 2nd Defendant denies the allegations contained under paragraph 7, 8, 9, and 10 of
the Statement of Claim, and it will aver at trial that investigations carried out by the 2″d
Defendant and Zambia Police established that the claims made by the Plaintiff were and
9. The 2ND Defendant denies the contents of paragraph 11 of the Statement of Claim, and
it will aver at trial that contrary O the Plaintif”‘s allegations under this paragraph, when the Plaintiff first reported the alleged act, she. stated that the 1T Defendant ejaculated on her, but failed to produce any evidence when requested by the 1st Defendant and Zambia Police Service to this effect despite being requested for the same.
10. The 2ND Defendant denies the contents of paragraph 12 and will aver at trial that the
Plaintiff despite being given the opportunity to prove her case has up to date failed to
prove her allegations against the 1s Defendant.
11, The 2nd and Defendant demands’ Statement strict proof at Claim. trial with Further regards the to the Defendant contents of reiterates paragraph the1. 2nd
14, and 15 of the of contents of Paragraph 10 above.
12. The 2N0 Defendant admits the contents of paragraph 16 of the Statement of Claim only
to the extent that day after the massage the Plaintiff made a verbal complaint and
a that she was advised to reduce the same into writing.
13. The 2nd Defendant does not disput the contents of paragraph 17 of the Statement of
14. That the 2″ Defendant admits the contents of paragraph 18 of the Statement of Claim
only to the extent that the 2ND Defendant did inform the Plaintiff that according to to its
investigations the 1s Defendant was found not liable, and the 2″ Defendant shall aver
at trial that the investigations carried out by the 2nd Defendant and Zambia Police
Service established that the claims/allegations by the Plaintiff against the 1# Defendant were unfounded.
15. The 2′ Defendant denies the contents of paragraph 19 of the Statement of Claim, and
it will aver at trial that a proper report was duly given to the Plaintiff.
16. The 2″0 Defendant denies the contents of paragraph 20 of the Defendant’s Statement of
Claim, further the 2″d Defendant will aver that it intends to produce the CCTV footage
from the material date at trial.
17. The 2″D Defendant denies the contents of paragraph 21 of the Statement of Claim for
the following reasons:
17.1.T he facts giving rise to the claim are Criminal in nature. And the Criminal
investigations carried out by Zambia Police, established that the Plaintiff’s
allegations were unfounded.
The 2″ Defendant has put in place deliberate policies and trainings for its
free emotional employees to report abuse, it any has related employed case. an And the open-door Plaintiff policy shall where be any put to employee strict or proof client at
in the protection and identification of sexual related offences or
The 2n Defendant denies that even in the even in event of criminal liability
being proved it can not be held liable for criminal acts of its employees.
18. The 2″ Defendant will not comment on the contents of paragraph 22 of the Statement
of Claim as the same is within the peculiar knowledge of the Plaintiff.