A UNIVERSITY of Zambia student has asked the Lusaka High Court to enter a default judgement against the state in a case in which she is seeking compensation for the injuries sustained after jumping from a third floor hostel window after police fired teargas during a riot.

Everett Chongo wants the court to enter a default judgement due to the state’s failure to enter an appearance or file a defence in the matter.

In this matter, Chongo sued the state seeking compensation for the injuries sustained when she fell after jumping from a third floor window at the UNZA hostels.

This was after the police fired teargas in the rooms on October 4, 2018 after students protested over delayed payment of meal allowances.

Chongo stated that she was forced to jump from the third floor window to avoid choking to death.

She said she was later diagnosed with unstable fracture on the lumbar spine, comminuted fracture dislocation of the right tibia, comminuted fracture of the left calcaneus and fracture of the right calcaneus undisplaced.

Chongo wants government to pay damages to enable her seek further medical attention in South Africa before she is permanently incapacitated.

She is also claiming damages for pain and suffering as well as punitive damages to be assessed by the court.

According to an affidavit in support of summons for leave to enter interlocutory Judgement in default of appearance, Chongo’s lawyer Meamande Wamukwamba from LCK chambers, told the court that they served the court process on the state on July 16, 2021.

The lawyer stated that there being no appearance and defence, they proceeded to file and serve on the defendant a notice of intention to apply for leave to enter judgement in default.

Wamukwamba stated that despite effective service, the defendant has failed, refused or neglected to enter an appearance and file a defence in this matter.

“That the plaintiff is desirous of proceeding with the enforcement of its claim by seeking leave to enter interlocutory Judgement in default of appearance and defence,” stated Wamukwamba.

“We therefore pray that this honourable court grants an order to enter interlocutory Judgement in default and direct that a certificate be issued with respect to the assessment of damages and costs.”