STATE House media director Clayson Hamasaka has asked the Lusaka High Court to enter a default judgement in his favor in a matter in which he is seeking damages for malicious and wrongful prosecution over his arrest in 2013 on charges of being in possession of obscene materials.
In his affidavit in support of summons to enter judgement in default of appearance and defense, Hamasaka stated that on October 21,2021, he took an action against the state with summons being served on the defendant the following day, October 22,2021.
Hamasaka stated that the defendant was required to enter appearance within 14 days of issuance of the writ but to date, none has been filed or served on Hamasaka’s lawyers.
“My advocates gave the defendants notice of our intention to enter judgement in default, with a reminder to file the same if any, on December 1, 2021 but to no avail,” he said.
Last October, Hamasaka sued the state seeking damages for malicious and wrongful prosecution as well as damages for false imprisonment, among other issues.
According to the statement of claim filed in the Lusaka High Court, Hamasaka stated that on or about July 9, 2013, he was subjected to an arbitrary house and personal search at his house on plot number 12246 Woodlands Extension in Lusaka by a combined team of Drug Enforcement Commission and Zambia Police officers among other agents of the state.
He noted that according to the search warrant, the said officers were looking for drugs and other illegal substances which the Plaintiff was alleged to be dealing in.
“After the search, which lasted between 23 hours on the 9th of July 2013 and 05 hours the following day, during which time the plaintiff and his family could not sleep, the officers confiscated computers, phones, a firearm, home entertainment equipment and many other items, a full list of which is provided in the list of documents,” stated Hamasaka.