THE Lusaka High Court has granted Patriotic Front (PF) leader Michael Sata costs for damages in a case in which he had sued the Government and the police for malicious prosecution.
The court however dismissed Mr Sata’s claims for damages against the then Works and Supply minister Ludwig Sondashi and Inspector General of Police Silas Ngangula because the claims were based on newspaper publications.
Mr Sata had sued Dr Sondashi as first defendant, detective sub inspector Justine Mulenga, second defendant, Mr Ngangula, third defendant and the Attorney General as the fourth defendant.
This is in a matter in which Mr Sata was arrested in 2002 for allegedly stealing two Government motor vehicles but was acquitted by a Lusaka magistrate after finding him with no case to answer.
Mr Sata took the four to the High Court for malicious prosecution and defamation for allegedly accusing him of stealing a Toyota Landcruiser registration number AAV 946 and Hyundai registration number ACD 2068.
“I am satisfied that the plaintiff’s prosecution was without reasonable and probable cause because there was not at the time of arrest any evidence of any wrong-doing by Mr Sata,” Justice Martin Imasiku said.
He said he was also satisfied that Mr Sata’s prosecution was malicious as evidence which exonerated the plaintiff was not allowed.
Mr Justice Imasiku said his decision was that the PF leader had succeeded in his claim against Mr Mulenga because there was no dispute that the sub inspector was an employee or servant of the Government.
“The Attorney General is vicariously liable to the plaintiff for actions of Mr Mulenga, I grant the plaintiff judgment for damages to be assessed by the deputy registry,” he said.
He said Mr Sata’s claims for malicious prosecution and defamation against Dr Sondashi and Mr Ngangula had failed because the claims were based on a newspaper article and reporters of the said articles were not called as witnesses to testify.
[Times of Zambia]
These politicians know how to enrich each other
Wow!! fili eko tuleya.Keep on fattening yourselves.As for me,my eyes are on plot one.
Ketch! Congrats #1
Sata can only sue when he is sure of winning not where you are assisted
These courts they take forever. Mpaka bambi abafyambile wafwa nomona outcome.Why dont we make tribunals a way of life?
Hope this is not similar to the acquital case of chiluba
No way to how can Sata win a case in the Zambia courts he says are rotten and influenced by the state.if he has any integrity he should reject this ruling unless he has influenced it.How can a rotten judiciary reward him damages??????
no 7 Right on. They only accept rulings made in their favour. A lot of trush politicians in the opposition
Now King Cobra sued the state and the judgement is in his favour. Should we say that GRZ had a hand in the juidical ruling to favour Sata. Those who live glass houses hould not throw staones at others. The judicial has also been independent and its ruling should always be respected. Judges are human beings and at times make mistakes in their rulings. Just like in soccer sometimes referees disallow or allow goals which should never have bin but the referees decision is final. Zesco United scored a clear goal but the referee disllowed on Sunday and we accepted it. Fine King Cobra has won his case against GRZ and he will get his damages.
Drama pa Zed.But thank you that Sata has won the case and this has been for along time hanging.
Well done GRZ courts
Many of you blogger pertubed at Sata winning a court case and pouring your vile remarks smack off petty jealous and low level ignorance not to be expected in this time and age. We all know how the courst have been abused by the pollies to advance their agenda against those of the common good of the pepole that put them in the same positions that they are abusing. Come down to earth, see good even in your ‘enemies.’
#11 Can you hold instruments of power and use them to shoot one self in the leg? These politicians are of same color put HH, Sata, Miyanda etc. They will easily forget how oppressive the same laws they were condemning and wil make full use of them to maximum advantage.
#9 investigator’ You are being unfair. The cases against Chiluba and Dora cannon be in the same basket. Its there fore all to see that the out come of the former was due to machinations.
cheap RB tricks-allow sata win a fake case to justify judiciary’s stupid acquital of chiluba. so u re dull chiRB and group. i ve always blived the judiciary guys are learned not educated but why have some law guys turned dull?
cheap RB tricks-allow sata win a simple case to justify judiciary’s acquital of chiluba. u re not smart enough chiRB and group. i ve always blived the judiciary guys are learned not educated – why have some learned guys turned so cheap?
Ah! It is one of those orchestrated judgements again. The judiciary is compromised in Zambia. The State should appeal. Otherwise the DPP should resign. Ha ha ha! What irony!
what irony indeed!! sata will accept this one and get taxpayers money in compensation. Note that it was LPM’s government that detained him soon after 2001 elections. So what will he say now about zambian judges!! thats why we should learn to be obk=jective whether it supports our view or not.
This is pretty good in the fight against state persecution of innocent citizens.
Sata should ensure that they pay heavily.
The next claim will be Chansa Kabwela’s as her case borders on malicious prosecution by the state and they stand to lose more money for being incompetent.
Is it me or is my country all about POLITICS. No progress at all, but the same old politics.. back and forth arguments.. NO developments.. We need a change of paradigm..
Sometimes it is better to be lucky than to be just good. You may end up being too good at splashing words with anger only to end up like a small dog with a folded tail. Let`s us be careful with what we say,the outcome and consequences.Today you insult your neighbour tomorrow it is salt you want to ask for. Typical Zambian (P.V.K) or Proper Village Kamushi style. come on.
Well done sir. On to the next malicious prosecution