LUSAKA lawyer Robert Simeza has sued Ellis and Company and its client Elizabeth Mzyeche, wife of late Andrew Hadjipetrou, for wrongful seizure of his two motor vehicles.
Mr Simeza, as an executor of Mr Hadjipetrou’s Will, has sued Ellis and Company and Ms Mzyeche over their action to use a writ of fieri facias (writ of execution directing a sheriff to take goods).
Mr Simeza was appointed as an executor and trustee of Mr Hadjipetrou’s Will which included Andrew’s Motel and payment of school fees for the two minor beneficiaries.
On Friday, court bailiffs seized Mr Simeza’s two motor vehicles, a Mercedes Benz S-Class registration number ABD 8031 and Honda CR-V registration number ABC 3779.
But according to a writ of summons filed by Simeza, Sangwa and Associates in the Lusaka High Court on Tuesday, Mr Simeza said Ellis and Company, acting in concert with Ms Mzyeche, maliciously issued a writ of execution directed at his residence house number 10 Ngulube Road, Prospect Hill Lusaka executed against his personal assets.
“The defendants besieged the plaintiff’s residence which they wrongfully entered and executed the writ on the plaintiff’s personal assets and thereupon seized two of his motor vehicles,” the writ of summons reads in part.
He said the defendants seized the vehicles in the company of well over 20 helpers picked from the streets and three armed police officers.
Mr Simeza said the wrongful execution and seizure complained of was deliberate and maliciously conceived by the defendants.
He said other than to cause mental distress, anguish, grief, pain, humiliation and embarrassment to him and damage his self-esteem, the defendants calculated the wrongful execution.
Mr Simeza is, therefore, claiming a declaration that the writ of execution directing a sheriff to take goods issued by Ellis and Company and Ms Mzyeche directing the sheriff to enter his residence, was wrong and ill conceived.
He is also claiming damages for trespass, damages for wrongful execution and damages for loss of use of the seized motor vehicles.
Mr Simeza is further demanding for damages for mental distress, exemplary damages and or alternative, aggravated damages and costs.
[Zambia Daily Mail]