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Lusaka businessman, Kasanda, loses court battle to prevent DEC from taking Ibex Hill home

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Lusaka businessman, Sedrick Kasanda, has suffered a legal setback after the Economic and Financial Crimes Court (EFCC) dismissed his bid to stop the Drug Enforcement Commission (DEC) from seizing his Ibex Hill residence.

Kasanda, dissatisfied with an earlier ruling allowing DEC to take possession of his property, had filed an appeal with the Court of Appeal and sought a stay of execution from the EFCC.

In 2023, law enforcement authorities seized his house, known as Plot No. 19 Main Street, Ibex Hill, Lusaka, arguing that all properties on the premises were subject to forfeiture.

However, in a ruling delivered by Justice Ian Mabbolobbolo, the EFCC dismissed Kasanda’s application, stating that it lacked merit.

The court agreed with the State’s position, ruling that the application was fundamentally flawed and misconceived.

It emphasized that apart from the issue of legal costs— which could be addressed separately— there was no valid reason to delay the enforcement of its earlier judgment.

“The application is fundamentally flawed, misconceived, and ill-fated from inception. In the absence of any substratum upon which to proceed, it becomes otiose at this stage to consider the application any further,” the court ruled.

Kasanda had argued that his appeal had a strong chance of success and that allowing DEC to seize the property before the appeal was heard would render his legal challenge meaningless.

However, the State opposed the application, contending that Kasanda had failed to provide valid grounds for appeal.

It further argued that the original judgment primarily contained declaratory reliefs, meaning there was nothing substantive to stay.

Additionally, the State pointed out that there were no pending taxation proceedings regarding costs, making Kasanda’s request legally baseless.

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