Court orders Chief Nkana to return vehicle

By Times Reporter -
THE Kalulushi magistrates’ court has ordered Chief Nkana of the Lamba people of Lufwanyama on the Copperbelt to hand back a car he grabbed from Stephen Musumali of Kalulushi on accusations of engaging in the illegal allocation of plots in his chiefdom.
Mr Musumali as the plaintiff had sued Chief Nkana, Godfrey Shamanene, 62, demanding the return of his Toyota Corolla.
The case was before magistrate Phillip Tembo who ruled that the motor vehicle be returned to the plaintiff as the chiefdom had no rights to grab the car.
Chief Nkana had summoned Mr Musumali of house number 22, Chozi Lane, Kalulushi to go to his palace to attend a meeting on September 4 last year.
“At the meeting the defendant alleged that Mr Musumali had illegally sold plots in Chief Nkana’s chiefdom without his consent.
“The defendant at that time grabbed the car keys, he produced and pointed a gun at Mr Musumali and he (Mr Musumali) got scared and surrendered the keys,” the court heard.
Mr Musumali told the court that the piece of land at which he was allocating the plots was his plot, bearing number L/9311/M given to him by the then Zambia Consolidated Copper Mines in 1995, as he was an employee of that company.
He also told the court that on October 20 last year he went to pick his car, but the defendant demanded payment for the plots he had sold, but the plaintiff refused stating that what he had sold was his piece land.
The statement before the court by the defendant was that in August he received a report that Mr Musumali was selling plots in his chiefdom on the pretext that he was acting on behalf of the chief.
“Upon being accosted the plaintiff admitted that he had sold up to 150 plots and converted the money to his own use.
“He then asked for forgiveness and further informed the defendant the proceeds of illegal transactions were used to purchase two motor vehicles. It was at that time that the plaintiff grabbed his car as a collateral for the debt,” the court heard as the reason the chief had gotten the car.
During cross-examination, Mr Musumali said he did not willingly surrender the motor vehicle to act as collateral for the money allegedly owed the defendant.
“Firstly, that the motor vehicle, a Toyota Corolla registration number ADC 6705 be returned immediately to the plaintiff in good condition and working order as that is what it was at the time it was wrongly impounded together with what was in it,” the magistrate said.
“I award the plaintiff costs of and incidental to this action to be agreed upon and taxed by the clerk of court in default thereof,” magistrate Tembo said.