Friday, February 23, 2024

Simeza sues company over seizure of cars

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File: Robert Simeza and his counterpart John Sangwa at Magistrate Court, the due are representing Lusaka business man Rajan Mahtani in various cases.

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]

10 COMMENTS

  1. Robert Simeza yr own **** is now finding you.The grounds you are suing on are baseless and stupid if I was the judge I will hold you for contempt of court.”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”. These people were carrying out the court order.

  2. Mahtani called Sata to save Simeza so they only took the cars and didn’t take more property. Like Mahtani Simeza is very dirty and unprincipled. Imagine stealing from orphans!!!
    Robert don’t worry we will send you a taxi to take you to lick Mahtani’s shriveled smelly balls so he can give you a green bill.

  3. This guy is a typical crook. I don’t knw Ms. Mzyece well but this story started a long time ago. Simeza typically forged documents and embezzled some funds from the decead’s kids. The guy has no heart but thought the courts would side with him, which they didn’t. Sometimes, we have crooked lawyers and good lawyers, this Simeza is a crook like his client FJT.

  4. yes it is true you can save money on your auto insurance by making few simple changes search online for “Clearance Auto” you will be surprised. especially with higher gas prices I need to save on my auto insurance.

  5. # 7 Loose Canon. I totally agree with you. Some Zambian lawyers are a shame to their own profession. These chaps besiege any thief who steals huge money, any plunderer with huge money is highly sought not for justice, but money. Indeed courts are rediculed by them and now dogs are let out free to feast under PF govt. Remember Dr Kashiwa Bulaya represented by shameless lawyer Mumba Kapumpa. When Bulaya was milked dry Kapumpa dumped him when realised all his money was gone. What a shame to a noble profession.

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