THE Lusaka High Court has entered judgement in favour of ABSA Bank Limited in a matter in which it sued fugitive Pamela Gondwe, demanding recovery of over K200,000 which she owes the bank from a loan acquired in 2010.
Gondwe has been ordered to pay the bank K271,102.64 plus interest.
The bank was in this matter seeking payment of the principal sum of K183,037.69 together with interest in the sum of K88,064.95 accrued from the date of default, the total outstanding amount being K271,102.64.
ABSA Bank Limited had earlier applied to serve its former employee via substituted service, stating that attempts to serve the court process on Gondwe proved futile as she no longer resides at her known address and her whereabouts remain unknown.
In an extempore judgment, High Court Judge Lameck Mwale said failure to pay back the required amount, the bank shall be at liberty to take possession and sell Gondwe’s Mortgaged property.
“Upon hearing counsel for the applicant and upon perusal of the affidavit in support of originating summons together with the list of authorities and skeleton arguments, and upon being satisfied that the respondent was properly served with the originating process herein but has neglected to enter appearance nor file any process in opposition to the applicant’s action, I find that the applicant has proved its claim against the respondent on a balance of probabilities and I accordingly enter judgement in favour of the applicant against the respondent in the sum of K271,102.64,” he said.
“The said judgement sum shall attract interest at the contractual rate from date of originating summons to date of Judgement, thereafter at the current bank lending rate as determined by the Bank of Zambia till date of payment. I further order that the respondent should pay the applicant the judgement sum plus interest within 45 days of the date hereof failing which the applicant shall be at liberty to take possession and sell the Mortgaged property being subdivision no.2260 of lot no. 1052/M Lusaka.”
ABSA, formerly Barclays Bank, had stated that it entered into a staff loan facility agreement with its former employee, Gondwe and it was agreed that she would be advanced a housing loan facility in the sum of K240,000 together with interest.
They stated that Gondwe had however defaulted despite several reminders and owes ABSA K271,102.64.
The bank in its application filed into the Lusaka High Court commercial registry, was demanding the payment of the said amount or alternatively an order for foreclosure, possession, and sale of subdivision no.2260 of Lot no. 1052/M, Lusaka secured by the mortgage deed dated May 5, 2021.