FOUR Lusaka men have asked the Lusaka High Court to enter judgement in default of appearance in their favour in a case where they have sued President Edgar Lungu’s former Special Assistant for Political Affairs Kaizar Zulu, among others, for allegedly kidnapping and assaulting them.
The four want the Court to enter a judgement in default of appearance against Zulu and two others for not having appeared to the writ of summons.
They also want the Court to award them damages for assault and battery, damages for nervous shock, false imprisonment and kidnapping, among others.
This is in a matter where Bernard Nshindo; Sengelwayo Jere and Saul Masikoti, who are qualified surveyors and businessmen, as well as Mason Mweemba, a driver, have sued Zulu and his two acquaintances, Mpange Kachingwe and Raffiq Rashid, for allegedly beating and kidnapping them on accusations that they were taking pictures of his speed boat at Chita Lodge in Kafue.
Others sued include: Chita Lodge Limited and Bella Mwanza, an employee of the said lodge.
The four, who are seeking damages for assault, false imprisonment, kidnapping, among other claims, stated in their statement of claim that Zulu in particular, fired several shots in the air while continuously assaulting them with his pistol and also pointing it to their heads with threats of killing them.
However, in their defence filed in the Lusaka High Court in February, this year, Chita Lodge Limited and its employee, Mwanza, denied being aware of the alleged assault on the four men, nor participating in it.
They argued that Zulu, Kachingwe and Rashid were admitted into its premises as visiting guests and that if at all the assault took place, which is denied, they acted in their individual capacities as guests.
But the four plaintiffs have now asked the Court to enter a judgement in default of appearance against Zulu, Kachingwe and Rashid for not having appeared to the writ of summons.
“The first, second and third defendants not having appeared to the writ of summons, it is this day adjudged that the plaintiffs recover against the said defendants payments as follows: damages for assault and battery; damages for nervous shock; damages for false imprisonment and kidnapping; damages for larceny; special and or aggravated damages for injuries suffered by the plaintiffs and for cost of reconstructive specialist surgery; damages for unlawful detention; damages for mental stress and anguish arising out of the defendants’ unlawful actions; costs; and statutory interest on the said sums owed from the date of occurrence and thereafter from the date of judgement,” the plaintiffs stated.
In a statement of claim filed in the Lusaka High Court Principal Registry last year, the four claimed that while at Chita Lodge in Kafue on September 7, last year, they were approached by Zulu, Kachingwe, Rashid, Mwanza and other unknown acquaintances, who accused them of taking pictures of Zulu’s speed boat.
They stated that they denied taking any such pictures, but offered to delete all personal pictures taken on the phones while at Chita Lodge to satisfy the demands of Zulu and his acquaintances.
The Plaintiffs stated that at that point, Zulu, Kachingwe and Rashid, while armed with pistols, immediately proceeded to begin to physically assault the second plaintiff, Jere, leading to Masikoti and Mweemba attempting to drive out of Chita Lodge’s establishment.
They claimed that it was Mwanza, an employee of the Lodge, who ordered security guards of Chita Lodge to close all exits at the establishment leading to the apprehension and unlawful detention of Masikoti and Mweemba.
The plaintiffs added that this was after a car chase characterized by gun shots fired by Zulu, Kachingwe and Rashid.
They claimed that Zulu in particular fired several shots in the air and from time to time pointed his pistol at their heads with the threats of killing them on an allegation that they were assassins sent to kill him.