Judge recuses herself from Mosho’s false imprisonment case

LUSAKA High Court judge, Ruth Chibabuka, has recused herself from handling a matter where Lusaka lawyer Lewis Mosho, the Attorney General and four police officers have been sued by a director and shareholder of Kingphar Zambia Limited for false imprisonment.

Ms Justice Chibabuka said in her memorandum for recusal that there was potential conflict of interest in the matter as one of the defendants was known to her.

"I have critically perused the file before me, there is potential conflict of interest as one of the defendants is known to me. I therefore recuse myself and refer the file back for re allocation," Ms Justice Chibbabbuka dated in her memo dated July 16, this year.

The matter was on July 30, this year reallocated to Lusaka High Court judge Wilfred Muma. The nine Chinese who sued Mr Mosho and others want the court to grant them an interlocutory injunction to restrain the latter and others from interfering with them.

Wang Shunxue and eight others have asked the court to order the Government to award them exemplary damages, damages for defamation of character, costs and any other relief the court may deem fit.

Mr Wang and others stated in a statement of claim that on or about April 21 this year, a police officer under the instruction of Mr Mosho who was acting on behalf of this clients Youjun Zhuang and Wang Qinghai orchestrated the unlawful arrest and detention at Chelstone police station.