A family of Lusaka’s Emmasdale area have dragged the State to the Lusaka High Court, seeking damages for false imprisonment.
Hassan Sangab Mohamed and his wife, Sadia Adan Mohamed have sued the Attorney General on their own behalf and on behalf of their six children, seeking damages for unlawful detention and an order that the State be directed to release their motor vehicle, four mobile phones, Standard Chartered Bank Visa Card, laptop and six birth certificates.
They also want interest on any sum found due, costs and any other relief that the court may deem fit.
Hassan, a retired truck driver of Emmasdale and his wife, stated that they were wrongfully and without lawful justification arrested by the police, adding that Hassan was detained from September 23, this year to November 14.
They further stated that Sadia and the children were all without lawful justification, falsely imprisoned from midnight of November 14 to the following day at 17:00 hours.
Hassan and Sadia stated that while the family was asleep at their residence in Emmasdale on September 23, around 04:00 hours, they were woken up by a combined team of Law Enforcement officers who scaled the brick wall to access their residence.
They stated that the officers proceeded to fiercely and repeatedly bang their main door and demanded that it be opened and in the process frightened his wife and children.
“The officers searched the house without a search warrant and seized the family vehicle a Noah family bus, four phones, a bank visa, laptop and birth certificates of all our six children which they have not returned despite pleas for them to do so,” the duo stated.
Hassan and Sadia stated that Hassan was subsequently arrested without warrant and detained at Misisi police station without informing him why he was incarcerated.
They added that he remained in detention until his release was ordered via writ of habeas corpus ad subjiciendum by the High Court on November 14, 2019.
“On about November 14, 2019, after the release of Mohamed, the officers again stormed his residence around midnight but did not find him but searched the house without a warrant until 17:00 hours the following day. In the premises, Mohamed was wrongfully and without lawful justification arrested by the officers and thereby falsely imprisoned, in that he was neither informed of the fact of, nor grounds for his arrest,” Hassan and Sadia stated.
The couple stated that Sadia was also falsely imprisoned from midnight of November 14, this year, until 17:00 hours the following day by confining her inside the house to the extent that she was being followed everywhere she went in the house by a female police officer.
Hassan and Sadia lamented that as a result of what happened, the family was traumatized and had continued living in fear of being raided at any time.
They stated that they have suffered loss and damage.