By 
Former Zambia Air Force (ZAF) commander, Lieutenant General Eric Chimese, and co-respondents have asked the Economic and Financial Crimes Court (EFCC) to dismiss a case filed by Director of Public Prosecutions (DPP) Gilbert Phiri, seeking the forfeiture of properties allegedly linked to crime proceeds.
Chimese argues that the DPP failed to adhere to proper court procedures, rendering the application invalid.
The DPP’s application, filed last year, claims that the properties, including a farm in the Eureka Baobab area and other assets valued at K91.4 million, were unlawfully acquired.
However, Chimese, along with his wife Sharon Gray, Chita Lodge Limited director James Chungu, and Hector Chimese, has opposed the claim, asserting that the properties were lawfully acquired and fairly valued.
The respondents contend that the DPP’s valuation only reflects current market values, not the value at the time of construction.
In their latest motion, Chimese and his co-respondents allege that the DPP failed to comply with a court order issued on November 15, 2024.
The court had directed the DPP to serve all respondents with the originating process within 14 days and publish a notice of the proceedings in the Government Gazette or a newspaper.
The compliance deadline was November 29, 2024.
Read More: Chimese’s K91.4 million assets forfeiture case not statute-barred, government argues
Chimese argues that the DPP breached this order by serving the documents late, on December 5 and 6, 2024, without seeking an extension from the court.
Additionally, the respondents allege procedural misconduct, claiming that the DPP served photocopies of the originating summons without court permission to issue concurrent summons for proper service.
The respondents assert that these procedural lapses undermine the application’s legitimacy and warrant its dismissal.
“In light of these violations, this court has the jurisdiction to dismiss the application in its entirety,” they submitted.
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