A businessman has taken Government and three Somali counterparts to court demanding K 500,000 damages for loss of marriage and trauma due to imprisonment after been convicted for assault.
Mr Egen Abdihakim Hussein, a Zambian resident by refugee status is also seeking damages for defamation of character and compensation in the sum of K 2.5 million during the time of imprisonment.
In a statement of claim filed before the Lusaka High Court, Mr. Hussein, has cited the Attorney General, Abdi Ally, Feisal Mohamed, Abdi Nasir as first to fourth defendants respectively.
He said that on March 27, 2018, he was convicted by Magistrate Faides Hamaundu and served the ten month sentence at Kamwala Remand Prison.
The plaintiff stated that in the same year, he was also prosecuted by Magistrate Albert Mwaba and during the same time he was appearing before Magistrate Hamaundu.
“I was acquitted on the charges of drug trafficking but I was convicted for assault by Magistrate Hamaundu,” he said.
Mr Hussein stated three businessmen while working together, gave false information and fabricated all the allegations before the Police at Matero and the court.
He states that the trios’ actions were premised on seeing his business fail due to jealousy and envy because he was their biggest business competitor.
The plaintiff explained that his counterparts managed to get away with their actions, and as a result he was convicted and lost his business, marriage and suffered trauma from such loses.
He accused police from Matero Police Station of been biased in their investigations who showed partiality to the three businessmen and never heard the side of his story and all his explanation fell on death ears.
He alleged that he would prove at trial that all the witnesses brought during trial were paid by the trio and the police knew it from the onset.
Mr Hussein state that the police failure to diligently execute the tasks of investigating the matter professionally led to malicious prosecution of the matter leading his loss of business , damage reputation and loss of marriage and finances.
He stated that he has suffered by the actions of the defendants in that he now fails to walk in the community as everyone talks about the arrest and his conviction.