The four who are seeking damages for assault, false imprisonment, kidnapping, among other claims, have stated 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.
In this matter, the plaintiffs; Bernard Nshindo, Sengelwayo Jere, 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.
Others sued include; the Attorney General, Chita Lodge Limited and Bella Mwanza, an employee of the said lodge.
In a statement of claim filed in the Lusaka High Court principal registry yesterday, the four claimed that while at Chita Lodge in Kafue on September 7, this year, they where 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 this 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.
“The Plaintiffs will aver at trial that the first Plaintiff (Nshindo) was driven to the reception of Chita Lodge were upon arrival he was equally accosted by the Zulu, Kachingwe, Rashid and their acquaintances who ordered him and the other Plaintiffs herein to kneel down where they were physically assaulted by the said Defendants and their said acquaintances using fists, kicks, slaps and various objects,” read the statement of claim.
“The Plaintiffs will aver at trial and call evidence that Zulu in particular fired several shots in the air while continuously assaulting them with his pistol 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 the said Defendant.”
The Plaintiffs stated that despite pleading with the named defendants, their repeated physical assault continued for a considerable amount of time while forced to kneel down with brandishing firearms pointed at them.
They further stated that Zulu, Kachingwe and Rashid and their acquaintances handcuffed them and drove them to Kafue Police Station where Police officers refused to arrest or detain them as they had not committed any offence.
The Plaintiffs added that the defendants and their acquaintances forcibly bundled them in Kachingwe’s Toyota Land cruiser motor vehicle and drove them to Lusaka Central Police station while handcuffed and in a convoy of up to six motor vehicles.
They explained that while at Lusaka Central Police Station, Zulu while openly brandishing his firearm, ordered their immediate detention.
“The Plaintiffs will further aver at trial that they were unlawfully and illegally detained by the Zambia Police Service on the orders of Zulu from September 7, 2019 to September 9, 2019. The Plaintiffs will aver at trial that Zulu, Kachingwe and Rashid and their acquaintances stole various items from them in their personal custody and their motor vehicles including Samsung cell phones, a laptop and the sum of K3000 the property of Masikoti,” read the statement of claim.
The four further stated that they sought medical attention after their release and were diagnosed with various injuries including raptured ear drums as a result of the defendant’s brutal unprovoked assault.
They added that they had suffered severe nervous shock and mental strain and anguish as a result of the defendants unlawful actions ranging from assault and battery, threats to their lives, robbery, kidnapping to unlawful detention.
“The Plaintiffs will aver at trial that despite being issued with medical reports by the Kafue Police Station, police officers at the said Police Station have refused to accept a complaint or open a docket against the named Defendants for the offences of assault occasioning grievous bodily harm, threatening violence, aggravated robbery and kidnapping for fear of Zulu,” read the statement of claim.
They are now claiming damages for assault and battery; damages for nervous shock; damages for False Imprisonment and kidnapping.
The plaintiffs further wants special and/or aggravated damages for injuries suffered by them, interest, costs and an injunction restraining Zulu, Kachingwe and Rashid from threatening and/or assaulting them.