By GRACE CHAILE LESOETSA
SWAN General Insurance Company Zambia Limited has asked the court not to dismiss a matter where it sued a former cabinet minister Mutotwe Kafwaya for refusing to surrender a Hino Truck after being compensated K428, 000.
The insurance company has dismissed claims by Mr Kafwaya that the matter was already adjudicated upon.
In this matter, Swan General wants the Lusaka High Court to declare that it is entitled to the motor vehicle, a Hino truck registration number ABZ 587.
It wants the court to order Mr Kafwaya to surrender the motor vehicle.
The insurance company is also seeking damages for loss of use of the motor vehicle, interest and costs.
Mr Kafwaya, who is the proprietor of Nsansamina Enterprises, in his defence said that the case is an abuse of court process as the action, and all claims were already settled under cause number 2017/HP/2134.
The former Transport and Communications Minister claimed that following the entry of the judgement in his favour, the matter was referred for assessment of damages and the Deputy Registrar awarded him K156, 000 as a total reimbursement of the motor vehicle and K272, 658 as damages for loss of business among other relief.
Mr Kafwaya however said that the insurance company has to date not paid the money.
But Swan General in reply to defence, stated that the cause of action in this matter was never litigated nor resolved under number 2017/HP/2134. It submitted that Mr Kafwaya was not entitled to any of the relief as claimed in his counter claim.