HIGH COURT REFUSES TO GRANT FAMILY OF SLAIN BOY DEFAULT JUDGEMENT IN COMPENSATION CASE
The Lusaka High Court has thrown out an application by the family of slain Frank Mugala in which they wanted it to enter a judgement in default against the State for not exculpating itself over the assassination of the 14-year-old by its agents.
High Court judge Sharon Newa directed that matters ought to be determined on merit and not technicalities.
Mugala, who was a grade eight pupil at Chazanga Primary School, was shot dead by the police on February 13, 2020 on his way home from school, as they attempted to break a mob of Chazanga residents who were protesting over the chemical gassing of homes and schools which hit the country in 2019.
The residents rioted after word went round that management at Chazanga Primary School was shielding culprits behind the gassing incidents.
Uncle of the late Mugala, Lloyd has sued the State and it’s agents demanding K4,750,000 for loss of life expectation and pecuniary benefit.
He has sued the Attorney General, Inspector general of police Lemmy Kajoba, officer in charge at Emmasdale police station a Mr Kapila and inspector Mubita Mooya.
Lloyd who is the task person of the Late Mugala is seeking an order compelling the Attorney General and inspector general of police to sanction the police officers in involved in the murder of his nephew.
He is demanding K170,000 as compensation for the funeral expenses and punitive damages for wanton discard of the plaintiff’s plight to be assessed by the court.
The State and its agents did not file defence within the stipulated 14 days after the case was filed in the High Court prompting the late Mugala’s family to request the Court to compel it to atone for the juvenile’s loss of life.
The state filed an inteded defence indicating the Mugala’s family was not entitled to any reliefs sought, few weeks after Lloyd made an application for a judgement in default against it.
Ruling on the matter judge Newa said According to Section 22 of the State proceedings Act judgement in default of appearance and defense can only be entered against the State with its permission 14 days before the application is made.
“The record shows that no intention for leave to apply for the entry of judgement in default was filed 14 days before the application to enter judgement in default of appearance and defence was filed on September 22,2022. Therefore the application is irregularly before the Court and is accordingly set aside,”said judge Newa.
“It is trite that matters must be heard on their merits and the defendants having exhibited a proposed defense they are directed to enter appearance and file their defense and other requisite documents.”-Kalemba