By GRACE CHAILE LESOETSA
THE UNIVERSITY of Zambia (UNZA) student Everett Chongo who is battling life threatening injuries, has applied to the Lusaka High Court to enter interlocutory Judgement in default of appearance and defence in a matter where she sued the State demanding compensation.
Three years ago, Ms Chongo jumped out of a third floor window of the UNZA hostel after police fired teargas in rooms during a riot.
She was diagnosed with unstable fracture on the lumbar spine, comminuted fracture dislocation of the right tibia , comminuted fracture left calcaneus and fracture of the right calcaneus undisplaced.
She wants Government to pay damages to enable her seek further medical attention in South Africa before she is permanently incapacitated.
Ms Chongo through her lawyer, Meamande Wamukwamba , of from LCK Chambers, stated that on July 16, 2021, the Attorney General was served the originating process relating to the matter.
However, the State has made no appearance and defense.
“That despite effective service and the defendant being served with the notice of intention to apply for leave to enter Judgement in default, the defendant has failed ,refused and or neglected to enter appearance and file a defense in this matter,”
“We therefore pray that this honorable court grant an order to enter interlocutory Judgement in default and direct that a certificate be issued with respect to assessment of damages and costs,” Wamukwamba submitted.
Ms Chongo in her claim stated that following the incident, she was flown to South Africa for medical attention accompanied by her mother and Government covered the expenses.
However, she was prematurely discharged and was expected to return for review in June of 2020 to remove implants in her left foot and right ankle.
Government has not provided any assistance to facilitate her return to South Africa. She added that Government has not also compensated the family in any way nor contributed financially towards the medical expenses incurred by the plaintiff.
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