HH seeks default judgement against state
UPND president Hakainde Hichilema and five others want the Lusaka High
Court to enter Judgement in default of appearance and defence in a matter where they have sued the State seeking payment for damage caused to his home in 2017.
Mr Hichilema and the five claim that the State has failed to file defence in the matter despite being served with the originating process.
On July 1, this year, Judge Pixie Yangailo ordered the six to take action to further prosecute the case or it will be dismissed.
On May 7, Mr Hichilema and others commenced action in the Lusaka High Court that it orders the State to pay compensatory damages equivalent in value to monies lost and the property that was looted, damaged and destroyed at his home during what he termed as an unlawful operation to arrest him on charges of treason carried out on April 10 and 11 in 2017.
He seeks damages for loss of use of motor vehicles, being Toyota Hilux ALZ 2757 and ALZ 2710 for the periods of 34 and 33 days respectively during which they were under the custody of the State.
Mr Hichilema and his party members namely Mr Hamusonde Hamaleka (accountant), Mr Pretorius Haloba (farmer), Mr Wallace Chakawa (farmer), Mr Laston Mulilanduba (businessman)
and Mr Muleya Hachinda (businessman) sued the State citing the Attorney General Likando Kalaluka as the defendant in the matter.
But in an affidavit in support of summons for leave to enter judgement in default filed by Mr Hichilema’s lawyer Kamwanga Phiri of Malambo and Company stated that on May 13,this year, he served the State a letter enclosing writ of summons , statement of claim, list of documents, list of witnesses and copies of the letter of demand on it.
However, Mr Phiri said despite the State being served with the said originating process ,it has neither entered appearance not delivered its.
He said that it was on this basis that his clients were seeking of the court to enter judgement in default of appearance and defence to file the same.
Mr Phiri said that the intended judgement in default of appearance and defence is ready to be filed if the application is granted.
“We hold this humble view that it is the interest of Justice to grant the relief sought because the defendant has not shown any interest or at all to defend the said matter. We therefore pray that this honorable court grants our reliefs prayer for as illustrated in the summons for leave enter judgement in default,” they submitted.