Slain 13-year-old boy’s family tells court to enter default judgement

SLAIN 13-year-old Frank Mugala’s family has asked the High Court to enter judgement in default of defence and appearance in a matter in which they are demanding for the arrest and prosecution of the police officers who murdered him.

The family seek damages for loss of life expectation of the deceased and refund for funeral expenses amounting to K170, 000.

According to an affidavit in support of summons for leave to enter judgement in default of appearance and defence, the family’s lawyer, Mr Mando Mwitumwa stated that the State has failed to enter their defence in the matter despite being served the writ of summons and statement of claim on September 5, 2022.

Mr Mwitumwa said the State was required to enter defence and appearance within 14 days.

“The defendants have not entered any appearance or defence. The plaintiff now seeks leave to enter judgment in default of appearance and defence,” he submitted.

According to documents filed in the Lusaka High Court, Kapila and Mubita Mubita who are both police officers stationed at Emmasdale Police Station are said to be among the officers involved in the shooting and killing of Frank.

Frank, a Grade 8 pupil at Chazanga Basic School was killed during the Zambia Police Service operation on February 13, 2020.

Mr Lloyd Mugala, suing in his capacity as the administrator of the estate of Frank and Uncle said that an inquest into his death instituted in the Lusaka Magistrate Court concluded that the boy was killed by the police.

Mr Mugala states that Government never helped with funeral expenses with the burden left to the family.