Court strikes off HH compensatory case

THE Lusaka High Court has dismissed the matter where Hakainde Hichilema and five others sued the State demanding compensatory damages during their arrest for treason charges in 2017.

High Court Judge Pixie Yangailo struck off the matter from the active cause list after lawyers of now President Hakainde Hichilema and five others, and the Attorney General who is the defendant in the case failed to appear for a hearing on Tuesday.

“Both parties are aware of today’s hearing but are absent. No reason has been advanced for their absence. A perusal of the record reveals that both parties have not complied with the order for directions,” she noted.

“This clearly shows that the parties are not willing to prosecute this matter. Accordingly, this matter is struck off the active cause list with liberty to restore within the next 30 days from the date hereof. Unless this matter is restored within the period stated, it shall stand dismissed for want of prosecution,” she ordered.

On July 1, Judge Yangailo warned that she would dismiss the case for want of prosecution.

However, Mr Hichilema applied that the court enter judgement in default stating that the State had failed to file its defence despite being served the documents.

On May 7 this year, Mr Hichilema and his party members namely Hamusonde Hamaleka, Pretorious Haloba, Wallace Chakwa, Laston Mulilanduba and Muleya Hachinda commenced action in the Lusaka High Court.

Mr Hichilema wanted the Court to order 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.