Attorney General Mr Likando Kalaluka has asked the Lusaka High Court to
stay the assessment of damages proceedings, pending determination of his leave to appeal against the registrar’s decision to award Obvious Mwaliteta and four others damages for false imprisonment.
The High Court registrar entered a default judgment in the case where Mr Mwaliteta and four others sued the State for false imprisonment and malicious prosecution after the defendants failed to enter defence.
Mr Mwaliteta, who is UPND Lusaka Province chairman, Mr Evans Mukobela,
Mr MacMillan Shimukonka, Mr Laswell Phiri and Mr Emmanuel Mumbi, in this matter sued the State over their arrest and prosecution for aggravated robbery from August 14, 2016 to August 8, 2017.
The plaintiffs are claiming over K700,000 as special damages for false imprisonment and malicious prosecution.
The five were accused of stealing a handbag and K350 cash from an Electoral Commission of Zambia (ECZ) employee after they forced their way into the Commission premises.
They were also accused of having stolen a blackberry mobile phone worth K4,000 and statements of the announcement of results (Gen Form 12) from agents of the ECZ.
They were later acquitted by Lusaka High Court judge Mwape Bowa in 2018.
Despite suing the State, no appearance and defence was entered, prompting Mwaliteta and others to obtain a default judgment in March this year after proving that service of the summons was effected at the Attorney General’s chambers on March 26, 2019.
The plaintiffs wants the court to order the State to pay them special damages in the combined sum of K768, 971.00 damages for false imprisonment, damages for malicious prosecution, aggravated and exemplary damages, general damages plus interest on all sums found due and costs.
But principal State advocate at Attorney General’s chambers, Kaumbi Ndulo-Mundia asked the court to grant the state leave to appeal out of time over the decision of the High Court registrar to award Mwaliteta and others damages by granting them an interlocutor judgment in default.