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HH, 5 others ask court to restore case to active cause list

HH, 5 others ask court to restore case to active cause list

By GRACE CHAILE LESOETSA

PRESIDENT Hakainde Hichilema and five others have applied in the Lusaka High Court to restore to the active cause list the matter where they have sued the State claiming compensatory damages during their arrest for treason charges in 2017.

On September 14, this year, High Court Judge Pixie Yangailo struck off the matter from the active cause list after lawyers representing the six and the State in the case both failed to appear for a hearing.

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Ms Yangailo said that it was a clear indication that both parties were not willing to prosecute the case despite being served the notice of hearing.

However, Mr Hichilema and his co complaints’ lawyer , Kamwanga Phiri of Malambo and Co, told the court that he could not  attend the hearing because he was in self quarantine for Covid-19.

Mr Phiri in an affidavit in support of ex parte summons for an order to restore matter to the active cause list explained that  that he came into contact with a person who tested positive for Covid-19 , thus was forced to isolate.

He stated that when the matter came up for hearing on September 14, he was still in quarantine.

He added that he had requested a colleague to attend the hearing on his behalf, but could not make it on time as she was attending to a matter set for 08.30 hours.

“That the plaintiffs herein desirous to proceed with the hearing of the matter on the merits and I verily believe that no prejudice will be occasioned to defendant should this honorable court grant the plaintiffs an order restoring the matter to the active cause list.”

Mr Hichilema and his party members namely Hamusonde Hamaleka, Pretorious Haloba, Wallace Chakwa, Laston Mulilanduba and Muleya Hachinda want the Court to order Government to pay compensatory damages equivalent in value to monies lost and the property that was looted, damaged and destroyed at his home during what he termed as an unlawful operation to arrest him on charges of treason carried out on April 10 and 11 in 2017.

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