The father Mapenzi Chibulo, the girl Who was shot dead by police during a match past last year has sued the state claiming damages for loss of expectation of life.
Douglas Chibulo wants the Lusaka High Court to award him damages for what he termed negligence by the police.
In his statement of claim, Chibulo, who is suing as administrator of the estate of Mapenzi, cited the Attorney General.
He stated that on July 8, 2016, the police carelessly, in their effort to disperse people who were peacefully parading in a match past, used live ammunition to shoot at unarmed citizens.
Chibulo revealed that his daughter was murdered in cold blood after sustaining a bullet injury in her skull.
He alleged that Mapenzi’s death was caused by gross negligence of police officers as they used live ammunition on innocent citizens.
“A post-mortem to examine the body of the deceased was conducted in order to determine the cause of death. It was concluded by a pathologist that the cause of death was indeed head injuries sustained from the shooting to the deceased skull,” Chibulo submitted.
He disclosed that his family suffered financial loss at the time his daughter died especially in terms of communication and other funeral expenses.
The plaintiff submitted further that from the time Mapenzi died to date, police were unable to identify the officer who fired the shot.
Chibulo stated that the police failed to observe the duty of care.
He also condemned the failure by the police to restrain officers from using live ammunition in order to secure safety of unarmed citizens.
“Due to gross negligence by police, the state is vicariously liable because the deceased was murdered in cold blood. The family and the child of the deceased has been deprived of a family member and mother,” Chibulo added.
He is seeking damages for loss of expectation of life, damages for funeral expenses, police negligence, and for inconvenience caused.
Chibulo is further claiming interest at the current banking lending rate on the amounts due.
In January this year, the Lusaka Magistrates’ Court referred Mapenzi’s inquest case back to the police for further investigations because the actual person who killed her had not been established.