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Senior lawyer, Mbushi, sues govt over property seizure by Drug Enforcement Commission

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Senior lawyer, Henry Mbushi, has filed a lawsuit against the State, seeking damages for the alleged unlawful seizure of his property in Woodlands by the Drug Enforcement Commission (DEC).

In the statement of claim before the Lusaka High Court, Mbushi stated that he had been practicing law since January 23, 1981, with an unblemished record.

The lawsuit outlined events beginning in February 2024, when DEC officer Moffat Chilonda allegedly approached officials at Stanbic Bank Zambia Limited, Arcade Branch, and Rupesh Sihna, informing them that Mbushi was under investigation for money laundering.

According to Mbushi, on February 21, 2024, DEC seized his property, Stand No. 8317, located at House No. 51, Cedar Road, Woodlands, Lusaka.

The seizure was based on allegations that the property had been purchased using funds suspected to be linked to money laundering.

As a result of the seizure, Mbushi claims he was unable to complete the purchase transaction with the property’s former owners, Mr. and Mrs. Sihna.

He contended that the seizure caused significant inconvenience and financial strain, as the house was in poor condition and required substantial renovations.

Mbushi claimed that due to the rising cost of building materials, the delay caused by DEC’s actions would result in higher expenses to restore the property.

On April 3, 2024, Mbushi was summoned to DEC offices, where he was arrested and charged with money laundering.

However, he argued that he has yet to be brought to court, and that the ongoing accusations were causing him considerable distress, particularly given his advanced age.

Read More : Drug Enforcement Commission hurls in 14 suspected drug dealers across Zambia (See details)

He maintained that the State was fully aware of the legitimate source of the funds used to purchase the property in question, asserting that DEC was now a constructive trustee of his property since it remained under their control.

Mbushi is seeking damages for the unlawful seizure of the property and a declaration that he is either equitably entitled to the property or that DEC is a constructive trustee.

Additionally, he is demanding damages for libel and defamation due to the money laundering accusations, as well as compensation for his unlawful arrest.

He seeks damages for the inconvenience, embarrassment, and pain caused by the situation, along with the increased costs of renovating the property.

The plaintiff is also asking for interest on any awarded damages and legal costs.

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