TWO Lusaka residents have sued Dangote Cement Zambia, demanding damages for negligence after its employee hit into the Kabanana Catholic Church wall fence while driving a truck and trailer, causing it to collapse on them and resulting in the death of another.
Ireen Matosa and Doris Mvula, who have sued Dangote Cement Zambia and its employee Essau Nkhata in the Lusaka High Court, have lamented that they sustained serious life-threatening injuries as a result of the said accident and will not be able to do any physical work or at all provide for themselves and their families.
They are claiming damages for negligence and injuries suffered as a result of the accident, costs and damages for inconvenience, anxiety, pain and emotional trauma.
In a statement of claim filed in the Lusaka High Court, Matosa and Mvula stated that they were victims of the February 18, 2020, accident.
They further explained that Dangote Cement Zambia had its registered office in Ndola and was the owner of the motor vehicle Sino Howo Truck and Trailer registration No. BCA 3055, BCA 2975 T, while Nkhata was its employee in control of the said truck and trailer at the time of the accident.
Matosa and Mvula stated that on February 18, this year, they were in a company of other mourners attending a funeral of their deceased church member, relative and friend at Kabanana Catholic Church off Kabanana Road when Nkhata hit into the church’s wall fence, causing it to collapse and fall on them.
“While the said plaintiffs were waiting for body viewing procession of the said deceased church member and friend, the second defendant (Nkhata), while driving the said truck and trailer trying to come out of the said church yard from the eastern side heading to the Kabanana Road in the western direction, failed to keep to the near side of the church gate,” read the statement of claim.
“As a result, he hit into the Kabanana Catholic Church Wall Fence, thereby, causing part of the said wall fence to collapse and falling on the said plaintiffs and others resulting in the death of Elizabeth Lungu and grave injuries on the plaintiffs.”
Matosa and Mvula added that the said collision was caused by Nkhata’s negligence as an agent or servant of Dangote Cement Zambia.
They stated that as result of the said negligence they sustained serious life-threatening injuries, damages and would forever remain permanently disfigured and lame.
Matosa and Mvula further stated that they would not be able to do any physical work or at all to provide for themselves and their families.