Facts of the case The 3rd and 4th Respondents were keeping a secret surveillance on a suspected
Question:
Facts of the case The 3rd and 4th Respondents were keeping a secret surveillance on a suspected dealer of syphoned fuel. u The 3rd and 4th Respondents used force to apprehend the Plaintiff Appellant on suspicion that he syphoned from a ZAMTEL vehicle and intended to sell fuel to a well-known dealer under their surveillance. The Plaintiff was assaulted by the apprehended 3rd and 4th Respondents They handed the suspect to the 2nd respondent ,Ndola Police Commandant, a high ranking security officer who undisputedly was an employee of ZAMTEL. The 2nd respondent, Ndola Police Commandant reported the matter to the Police who arrested him and released him on Police Bond. The 3rd and 4th Respondents were introduced as casual employees who were agents of ZAMTEL. Later, Management withdrew the case from prosecution in the subordinate court, Management acted on report from the 2nd respondent, Ndola Police Commandant by suspending the Appellant from employment and subjected him Company ( ZAMTEL) disciplinary process that ended up acquitting him of all charges and re-instating the Appellant. The appellant claimed he was underpaid the refund of half salaries withheld while he was on suspension Apparently, the Appellant took issue that the 3rd and 4th Respondents were employed by ZESCO and a Private Security firm respectively and were not employees of ZAMTEL. The High Court found that the 3rd and 4th Respondents were liable to pay K 2.000 damages to the Appellant. The Amount was increased to 10, 000 on appeal by the Appellant Court but dismissed other grounds of appeal in 2004 The Matter was again dismissed by the Court of Appeal because it was an out of time case in May 2023. The Appellant sought leave to proceed to the Supreme Court but was denied the request as lacking sufficient justification or substance on matters of law. The Appellant wishes to serve Judgement on ZAMTEL and secure payment the Judgement sum plus cost and interest.
Question
You have been appointed as the Risk Manager and Management has requested for your opinion on this issue
What is your decision justify your answer with 5 reasons