Mwaliteta, four others sue State for false imprisonment

Lusaka Province UPND Chairman Obvious Mwaliteta and fours others have sued the State in the Lusaka High Court, seeking special damages of over K700,000 for false imprisonment and malicious prosecution on charges of aggravated robbery.

Mwaliteta, Evans Mukobela, Mcmillan Shimukonka, Laswell Phiri and Emmanuel Mumbi who have sued the Attorney General, were acquitted in 2017 after High Court judge Mwape Bowa in a ruling on whether the five had a case to answer or not, found that there was insufficient evidence to place the accused persons on their defence.

And in a statement of claim filed in the Lusaka High Court, Thursday, the plaintiffs stated that they were wrongfully arrested on August 14, 2016 on aggravated robbery charges.

“On or about August 14, 2016, the plaintiffs while at the Electoral Commission of Zambia offices in Longacres of Lusaka along Haile Selassie Avenue, were apprehended wrongfully and without reasonable and probable cause, on suspicion of having committed aggravated robbery and stealing a handbag and K350 cash altogether valued at K750. Further, stealing Blackberry mobile phoe valued at K4,000 and also stealing statements of the Announcement of Results (Gen Form 12) from ECZ agents,” read the statement of claim.

The plaintiffs added that they were falsely imprisoned for a year, from August 14, 2016 to August 8, 2017 and sustained loss and damage.

They added that as the result of the false imprisonment, they had also suffered pain, embarrassment, humiliation and injury.

“Particulars of loss and damage; loss of their personal liberty from August 16, 2016 to August 8, 2017, inconvenience during the period of arrest, deteriorated health due to protracted period of incarceration, embarrassment, humiliation and damage to personal reputation, business image and goodwill,” read the statement of claim further.

They are now seeking special damages in the combined form of K768,971, damages for false imprisonment and malicious prosecution, aggravated and exemplary damages as well as, general damages, interest, costs and any other relief the court may deem fit.

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