Widow seeks default judgement against state

GRACE CHAILE-LESOETSA@sunzambianA LUSAKA woman, who was accused of killing her husband, has applied for leave of the Lusaka High Court to enter judgement in default of appearance and defence against the state in a matter where she is seeking damages for unlawful imprisonment.Jacqueline Mwiindwa was accused of having caused the death of her husband, Kofi Milumbe, by running over him using her car.But High Court judge, Charles Chanda, acquitted Ms Mwiindwa of the murder charge in August 2017.Ms Mwiindwa said that on August 31, this year she commenced legal proceedings against the Attorney General and served him with the writ of summons and statement of claim on September 23, this year.She said the State was within 14 day of the writ required to file a memorandum of appearance and defence but to date the defendant has not filed.This is according to an affidavit in support of summons for leave to enter interlocutory judgement filed in court.Ms Mwiindwa wants the Court to grant her a final and interlocutory judgment ordering the state to award her damages for false imprisonment, malicious prosecution, loss of employment, mental distress, exemplary damages, interest and costs.During judgement, Mr Justice Chanda held that Mr Milumbe did not sustain any injuries while holding on to the moving vehi-cle.He said that the police officers did not find blood on Ms Mwiindwa’s car as the occupants in the vehicle denied that the ac-cused hit her husband.Mr Justice Chanda said Mr Milumbe died as a result of a road traffic accident of which the blood spots were found where was laying.He noted that the fractured leg that the Mr Milumbe sustained would only be caused by an accident.Mr Justice Chanda said there was no evidence to prove that Ms Mwiindwa killed her husband on October 28, 2016. The Sun