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Saturday, September 11, 2021

High Court to hear HH, 5 others’ compensation claim for false imprisonment

General News High Court to hear HH, 5 others' compensation claim for false imprisonment

Lusaka High Court judge Pixie Yangailo has ordered the deputy registrar to asses damages being sought by UPND leader Hakainde Hichilema and five others in a matter where they are demanding compensation from the state for false imprisonment.

The six were accused of committing treason when Hichilema’s convoy allegedly failed to give way to President Edgar Lungu’s motorcade on the Mongu-Limulunga road in April 2017.

Justice Yangailo noted that the damages demanded by the plaintiffs do not have a visible amount attached to them, neither are the claims for recompense for unlawful detention, unlawful prosecution, assault and battery, special damages for loss of income during the entire period of their incarceration, and damages for injury measured in monetary value.

Hichilema, Hamusonde Hamaleka, Pretorius Haloba, Wallace Chakawa, Laston Mulilanduba and Muleya Hachinda asked the court to enter judgement in default of appearance and defense against the state but judge Yangailo has ordered that the matter would proceed to trial.

According to an Order dated July 13, 2021, judge Yangailo said, “A perusal of the the reliefs sought by the plaintiffs reveals that the damages sought do not have discernible, quantifiable monetary amount attached to them. The claims sought by the plaintiffs are non-pecuniary damages which must be proved and then assessed by the deputy registrar. Accordingly the Court will issue pre-trial directions of which matter will proceed to trial.”

Scheduling of conference has been slated for September 14, this year.

13 COMMENTS

  1. This appears like an early conceding of lkdefeat on the part of HH. If you are certain that you are going to win the elections why so desperate to bring up the case that you risk being sent to jail on. Everyone so the video HH should be thankfull that the security forces acted with a lot of restraint over the obstruction of the Head of state.

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  2. When he becomes in power,hese are the names you will be hearing in Government, Hamusonde,Haloba,Hachinda and many more Ha Ha,just a friendly warning,thats why Southern province noone wins there,these people want to condemn tribalism when it suits them,but they are the Kings of tribalism in Zambia,until the change don’t allow them to Govern.

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  3. This issue is going nowhere. Therefore it’s an academic exercise meaning the Judiciary has given h² his right for an adjudication but the not in any way implying that what this chap did was in order.

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  4. Hey LT in what context is ‘asses’ used in 13th word in your opening sentence?

  5. HH clearly hoped this matter would be decided on before the August 12 elections. With the judiciary in the pocket of Edgar China Lungu, I could have told him that hope was in vain. PF: Lying about everything, not delivering anything!

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  6. So what motivated hh to resume a case of nolle prosqu’l …? And which precedent is he and his barrister are following..? The matter was solved arbitrary which involved third party under commonwealth Secretary General ms Patricia Scotland and Gambali as peace envoy . HH’s Psychology is usually driven by his bitterness temperament.

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  7. The incoming head of state must be surely compensated. Innocent this brother has been all the time, hated by PF for no crime at all, the only crime is him exercising his democratic right to vie for the Presidency. May God deliver you haters

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  8. HH has either wrong advisors or he is simply a ” Chumbu munshololwa” loosely translated as the crinkeled sweet potato that cannot be straightened. literal meaning for a person that does not take advice. If the Mongu case was to be opened again and tried properly HH would go behind bars for the rest of his life. As usual he is always driven by his desperation for state house hence always taking unnecerssary chances. Those who worked in the Govt. (GRZ) between the 1970s to late 1990 will tell you of the tribalism that raged in Govt and by which tribe. What the Govts that preceeded the Kaunda were doing was just to correct a dangerrous precedences that exixted.

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  9. Sensing defeat indeed……the end of HH…..Edward Chagwa Lungu will continue…unfortunately we dont have serious opposition…Just business men masquerading as Politicians

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  10. But but, kwena, HH should have just focused on the coming General Elections next month. Maybe he knows the out come of the elections. Aka RED naka BLACK like the kaponyas game and he has picked aka BLACK. ubutungulushi kukosa boi, not ama court every day

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