Kaizer Zulu says the K2,500,000 being claimed by a driver of Lyndhurst School Joe Tembo as compensation for pain is irregular as he has not shown how he arrived at the said amount.
Zulu says he cannot defend himself in the matter not until Tembo explains how he arrived at the sum.
In this matter, Zulu has been sued in the Lusaka High Court by Tembo whom he allegedly assaulted when their vehicles collided in Lusaka’s Ibex hill area while he was picking up school children.
Tembo is demanding K3,054,000 as damages.
He wants K554,000 as special damages, and K2,500, 000 as compensation for pain.
He is also seeking damages for torture, anguish and embarrassment resulting from the assault and battery by Zulu and interest on all sums, costs and any other reliefs that the court might deem fit.
In his statement of claim, Tembo said on November 19, 2019, whilst he was driving a Toyota Hiace mini bus picking school children in Ibex Hill, Zulu’s vehicle, a Toyota Land Cruiser rammed into the bus he was driving before it rested in a drain on Twin Palm road.
He said that on his way to 2nd Street in Ibex Hill, he was about to turn into Avic road and did indicate to motorists who were following him that he was about to turn and waited for an oncoming vehicle to pass.
“When the oncoming vehicle drove past the plaintiff’s bus, the plaintiff started turning into Avic Road and whilst turning, he heard a loud bang on the bus he was driving and he saw a Toyota Land Cruiser which hit the bus in the drainage along Twin Palm road,” Tembo said.
The plaintiff narrated that when he got off the vehicle to check if everyone was okay, he saw Zulu, who was seated in the driver’s seat and on a phone call, raise his thumb to signal to him that he was okay.
Tembo said that 20 minutes later, he saw two motor vehicles which were occupied by huge men, who arrived at the accident scene and Zulu came out of his vehicle.
He said that Zulu asked the onlookers at the scene who the driver of the bus was and when he told him that he was the driver of the school bus, Zulu brandished a gun and pointed it at him and ordered his allies who arrived at the scene to beat him up on the premise that he wanted to cause his (Zulu) death.
Tembo said that Zulu ordered the thugs to rough him up and clobber him.
He said some military personnel arrived at the scene and questioned why he (Tembo) was being lynched but Zulu showed them his ID and they drove away.
Tembo stated that the cadres continued beating him up and Zulu kicked him on the chin and he started bleeding from his nose and mouth after which he collapsed and became unconscious and was only awaken by a doctor at University Teaching Hospital (UTH).
But Zulu in an Affidavit in support of summons to set aside writ of summons for irregularity said that a quick perusal of the said writ of summons contains claims for liquidated damages of K2,500,000 being compensation for pain when the said damages ought to be assessed by the court after trial and only if he was found liable.
Zulu said the said claim of K2,500,000 was irregular and offends the rules of court in so far as the pleadings were concerned when dealing with unliquidated damages which could only be assessed by the court after trial.
“The defendant is unable to provide any defence when the plaintiff does not state how he arrived at the said amount without assessment of the court,” Zulu stated,
He said he tried to get clarification from Tembo’s advocates on how the amount was assessed as compensation for pain but the complainant failed to respond to the request.
“The originating process is irregular and an abuse of court process and should be set aside in the interest of Justice.” Said Zulu.