KAIZER Zulu has contended that the failure by his assault victims to serve the amended writ of summons and statement of claim is gravely prejudicing his interest and that of his allies to defend themselves in the matter they have been sued for assault and kidnapping.
This is in a matter where Bernard Nshindo, Sengelwayo Jere, Saul Masikoti who are qualified surveyors and businessmen, and Mason Mweemba, a driver, have sued Zulu and his acquaintances Mpange Kachingwe, Raffiq Rashid, and Bella Mwanza, a Director of Chita lodge Limited seeking among other claims damages for assault, false imprisonment and kidnapping, on allegation that they were photographing his speedboat at Chita Lodge in Kafue.
The four, who have also cited Chita lodge limited in the matter, claim that Zulu accused them of wanting to assassinate him when they allegedly captured his speedboat over which he manhandled them whilst firing gun shots in the air and pointed a pistol to their heads and threatened to kill them.
According to an affidavit verifying facts for an order to dismiss the matter against Zulu, Kachingwe and Rashid, Zulu said he and his co-defendants asked the court to set aside the originating summons on grounds that it was irregular and defective as it did not contain an electronic and physical addresses of the four complainants as required by the rules of the court.
Zulu said on December 4, 2019, the High Court registrar gave the complainants a seven-day ultimatum to amend the writ of summons and serve the same on the defendants.
He stated that himself, Kachingwe and Rashid have not been served the amended writ of summons and statement of claim therefore they cannot enter any appearance or defense to the said writ of summons.
“On April 15, 2020, myself, the second and third defendants conducted a search on the file in the principal registry through our advocates and discovered that the plaintiffs have proceeded to file and apply for a default judgment against myself, the second and third defendants when in fact they never served the amended writ of summons,” Zulu said.
He stated that the complainants never filed any affidavit of service whatsoever to show that he and his co-defendants were served any amended writ of summons and statement of claim.
He added that on April 27, 2020, they filed a notice to serve the amended writ on them within 14 days as required by law but the plaintiffs have failed and neglected to serve the said amended originating process on them.
“The failure by the plaintiffs to serve the amended writ of summons and statement of claim is gravely prejudicing the interest of myself, Kachingwe and Rashid who are desirous to defend themselves in the matter but have not received the amended originating process,” stated Zulu.
“In the premises, this is a proper case that the court should dismiss the action against myself, Kachingwe and Rashid.”