IN THE HIGH COURT FOR ZAMBIA 2019/HP/

AT THE PRINCIPAL REGISTRY

HOLDEN AT LUSAKA
(CIVIL JURISDICTION)

BETWEEN:

MICHAEL BANDA 1ST PLAINTIFF

SYDNEY CHISENGA (SUING AS ADMINISTRATOR OF THE ESTATE OF THE LATE

CHARLES BANDA) 2ND PLAINTIFF

AND

DERRICK SIBANDA DEFENDANT

STATEMENT OF CLAIM

1. The 1st Plaintiff is a resident of Lusaka in the Lusaka Province of the Republic of Zambia and is
the owner of motor vehicle, BMW with registration number ABA 2242.

2. The 2nd Plaintiff is also a resident of Lusaka and the Administrator of the estate of the late
Charles Banda now deceased and brings this action for the benefit of the deceased’s estate.

3. In so far as it is known to the Plaintiffs, the Defendant is also a resident of Lusaka and owner
of motor vehicle, Toyota Hilux with registration number ABX 114.

4. On or about 24 December 2019 around 22:30 hours, the 1 st Plaintiff was driving his motor
vehicle from the eastern to the western direction along Great East Road, Lusaka and the
deceased was a passenger in the said motor vehicle.

5. Upon reaching the intersection of the traffic lights near East Park Mall, the 1 st Plaintiff
proceeded to drive his car past the said intersection when the traffic lights had turned green.

6. At the material time to this action and unknown to the Plaintiffs, the Defendant wrongfully
drove his motor vehicle through the said intersection notwithstanding that the traffic lights
had turned red light and as a result collided with the 1 st Plaintiff’s motor vehicle.

7. As a result of the accident, the deceased suffered fatal injuries and died on the spot.

8. The Plaintiffs will aver that the said accident was caused by the negligence of the Defendant.
 Particulars of negligence

(a) Driving at a speed which was excessive in the circumstances;

(b) Failing to keep any or any proper look out or to have any sufficient regard for traffic that
was or might reasonably be expected to be on the road;

(c) Failing to see the 1st Plaintiff’s motor vehicle in sufficient time to avoid the collision or at
all; and

(d) Failing to stop at the traffic lights when they had turned red, to slow down, to swerve or
in any other way so as to manage or control the motor vehicle to avoid the collision.

9. Further, the 1st Plaintiff was severely injured as a result of the accident caused by the
Defendant.
Particulars of injuries

(a) Bruised forehead;

(b) Abrasions’ on the lower abdomen;

(c) Broken jaw; and

(d) Loss of left arm.

10. The 1st Plaintiff will also aver that he incurred medical expenses and his motor vehicle was
extensively damaged and assessed as write off.

Particulars of special damages

(a) Value for loss of motor vehicle ZMW 70, 000.00

(b) Medical expenses ZMW 10, 000.00

(c) Travel expenses to work ZMW 5, 000.00

Total ZMW 85, 000.00

11. At the material time to the action, the deceased was employed as a Senior Manager by
Barclays Bank Plc and in gainful employment.

12. The Plaintiffs will aver that the accident and the death of the deceased was caused by the
wrongful actions of the Defendant.
 Particulars of breach of statutory duty

(a) Failure to comply with provisions of the Road Traffic Act.

13. The 2nd Plaintiff will aver that by reason of these matters, the deceased died during his life
time and in consequence his estate suffered loss and damage.

Particulars of special damages

Funeral expenses ZMW 25, 000.00

14. By reason of the matters aforesaid, the Plaintiffs have suffered pain, injury, loss and damage.

AND now claim:

(a) Damages for negligence;

(b) Special damages in respect of the 1st Plaintiff in the sum of ZMW 85, 000.00;

(c) Special damages in respect of the 2nd Plaintiff in the sum of ZMW 25, 000.00;

(d) Damages for the benefit of the estate of the deceased under the Fatal Accidents Act;

(e) Damages for loss of expectation of life of the deceased;

(f) Damages for breach of statutory duty;

(g) Interest;

(h) Legal costs; and

(i) Any other relief that the Court may deem necessary.

Dated the ______________________________ day of ______________________________2019

Messrs ZIALE Chambers

Plot 125
Andrew Ngosa Road
Rhodespark
P.O. Box 3245
Lusaka
ziale@chambers.com

Advocates for the Plaintiffs

To: The Defendant and his Advocates

Messrs Destiny Chambers

Stand 2245
Cairo Road
P.O. Box 778
Lusaka
destiny@lawfirm.com

Advocates for the Defendant

IN THE HIGH COURT FOR ZAMBIA 2019/HP/
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(CIVIL JURISDICTION)

BETWEEN:

MICHAEL BANDA 1ST PLAINTIFF

SYDNEY CHISENGA (SUING AS ADMINISTRATOR OF THE ESTATE OF THE LATE

CHARLES BANDA) 2ND PLAINTIFF

AND

DERRICK SIBANDA DEFENDANT

STATEMENT OF CLAIM

Messrs ZIALE Chambers

Plot 125
Andrew Ngosa Road
Rhodespark
P.O. Box 3245
Lusaka
ziale@chambers.com

Advocates for the Plaintiffs