The plaintiff was a police officer who had come off shift on the morning of 5th December, 1972. He reported to his police station, went home, took off his uniform and was about to go to bed. A constable arrived and informed him that he was required by the officer commanding, Kabwe Division. The plaintiff replied that he would go as soon as he was washed and dressed. He then began to iron his shirt to wear. A few 20 minutes later the first defendant, a chief inspector and the second defendant, an inspector, arrived and after a short conversation about the necessity for ironing the shirt before reporting to headquarters, the first defendant became angry. When the plaintiff had just finished ironing his shirt and was about to wash his face the first defendant and the 25 second defendant, together with the other police officers, seized the plaintiff and dragged him to a Land - Rover. At the time the plaintiff was only dressed in a pair of trousers and he was refused permission to put his shirt on. The plaintiff resisted being put in the Land - Rover and in the course of the struggle sustained a cut over his eye and other minor abrasions. Having failed to put the plaintiff in the Land - Rover the first defendant said he was arresting the plaintiff for disobedience to orders and asked him if he was resisting arrest. The plaintiff became frightened, ceased resistance and got into the Land - Rover still dressed in his trousers.
To the plaintiff's claim of damages for assault and false imprisonment, first defendant pleaded arrest for disobedience to orders without good and sufficient cause contrary to section 30 (1) (a) of the Zambia Police Act, Cap. 133; the third defendant pleaded that the acts of the first and second defendant were in the course of their duty and as his servant or agent.
(i) A mala fide behaviour of the superior officer will make his order unlawful and consequently an action in pursuance a wrongful one.
(ii) An offence under s. 30 (1) (a) of the Police Act, for which an arrest would be justified, could be committed only if there was no reasonable cause for disobedience to the orders of the superior.
(iii) A superior police officer is liable for the wrongs committed by his subordinate if he pleads that the subordinate was acting in the course of his employment and as the superior's servant or agent