FORMER special assistant to the President for political affairs Kaizer Zulu and his co-defendants have given a 14-day ultimatum to four Lusaka residents who have sued them for assault, kidnapping, among others, to serve them with the amended writ and statement of claim or withdraw the matter.
Zulu and two others submitted that they intend to defend the action against them.
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 (Major Richard Kachingwe’s son), Raffiq Rashid, and Bella Mwanza, a director of Chita lodge Limited are seeking, among other claims, damages for assault, false imprisonment and kidnapping, on the pretext 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 a notice to serve the amended writ of summons on Zulu, Kachingwe and Rashid, Zulu and his co-defendants have given the complainants a 14-day ultimatum demanding that they be served with the amended writ of summons and statement of claim failure to which the plaintiffs should withdraw the action.
“Take notice that the first, second and third defendants herein intend to defend the action against them and therefore demands that the amended writ of summons and statement of claim be served on them within 14 days after service of this notice or the plaintiffs should discontinue the action against them,” said Zulu and his co-defendants.
Recently, the complainants asked the Lusaka High Court to enter judgment in default of appearance and defence against Zulu and his co-defendants so that they can be compensated for assault and false imprisonment, as the defendants have not filed defense since they were sued.
The complainants want Zulu, Kachingwe and Rashid to compensate them for damages of assault and battery, nervous shock, false imprisonment, kidnapping and larceny.
They want damages for wrongful detention arising out of the continued illegal possession of their property by Zulu, damages for injuries they suffered and costs of reconstructive surgery, damages for mental strain and anguish arising out of the defendants unlawful actions.
They also want statutory interest on the said sums owed from the date of occurrence and from the date of judgment including costs.
According to their statement of claim filed in the Lusaka High Court on September 12, the quartet said that while at Chita Lodge in Kafue on September 7, they where approached by Zulu, Kachingwe, Rashid, Mwanza and other acquaintances , who accused them of taking pictures of Zulu’s speed boat.
The complainants contended that they denied taking pictures of Zulu’s boat and offered to delete all their personal pictures that they captured on their phones whilst at Chita Lodge to satisfy the demands of Zulu and his allies.
The four said that Zulu, Kachingwe and Rashid, who were armed with pistols, lost their cool and immediately begun to physically assault Jere, while Masikoti and Mweemba attempted to bolt out of the recreation centre and a car chase ensued while Zulu, Kachingwe and Rashid fired live ammunition.
They stated that Masikoti and Mweemba could not dash out of the premises as Mwanza ordered security guards of Chita Lodge to seal all exit points at the establishment which led to their apprehension and unlawful detention.
Nshindo, Jere, Masikoti and Mweemba are seeking an order of injunction restraining Zulu, Kachingwe and Rashid from threatening and/or assaulting them.
They are further claiming damages for assault and battery; damages for nervous shock; damages for False Imprisonment and kidnapping.
They also want special and/or aggravated damages for injuries that they suffered, interest and costs.