Ultimate Insurance director loses vehicle case

ULTIMATE Insurance company limited director Nachi Musonda has lost a case in which he sued the State seeking an order that he retains possession of a motor vehicle, Ford Ranger, which he claimed was illegally seized.

But Kitwe High Court judge Charles Chanda in his ruling held that Musonda’s intention and zeal to continue with prosecution of his purported claims well after his formal arrest and charges on February 11, this year is ill founded and therefore an abuse of court process.

In this matter, Musonda was seeking an order of restitution of his motor vehicle registration no. BAF 9826 ZM allegedly illegally seized from him by a police officer Lenny Shonga without legal justification.

He also wanted an interim order of preservation, attachment and custody of the motor vehicle in his favour and further that he retains possession of the said vehicle until final resolution of the matter.

He however said that on or about September 22, last year, Shonga in his purported exercise of authority as a police officer seized the

Ford Ranger from him. Musonda claimed that at the seizure of the motor vehicle, there were two smart phones a Samsung and an Iphone and K2, 350. Musonda, is together with two other Ultimate Insurance directors charged with 15 counts of forgery, uttering false documents and theft, a matter which is before the Lusaka Magistrate court

But the defendants argued that the reliefs sought by Musonda were not tenable as he was arrested for the offences of fraudulent dealing with the said vehicle and theft of the same, therefore he was abusing the court. In his ruling dated March 18, 2021, Mr Justice Chanda said Musonda knew that the said seizure was being done by Shonga not in his private capacity but within the exercise of his duties as a police officer and that was why even the State was joined to the proceedings.