PROSPECT Tech Limited and a Lusaka man, Prince Siame, have asked the Lusaka High Court to enter judgement in default of appearance and defence against UPND leader Hakainde Hichilema and other opposition party members.
This is in a case where the two have sued HH and others for allegedly failing to pay K400,000 for tickets printed for the party during its national card renewal exercise in 2017.
According to an interlocutory judgement in default of appearance and defence filed by their lawyers, Wednesday, Siame and Prospect Tech Limited want the court to enter a default judgement against the said plaintiffs.
They want the court to award them damages for breach of contract and an order for payment of K400,000 plus 30 percent interest, bringing the total due to them to K520,000.
Siame and Prospect Tech Limited who have sued Hichilema, Steven Katuka in his capacity as UPND secretary general, Miriam Masando (organising committee chairperson for the card renewal) and UPND Registered Trustees, further want an order that UPND be declared bankrupt for failing to pay its debts and that the party be dissolved and deregistered.
They are further seeking an order that the defendants pays all the costs for the collection and all charges incidental and connected to the suit.
The plaintiffs had stated in their statement of claim filed by their lawyer Tutwa Ngulube earlier this month, that by a written agreement made between them and the defendants represented by Masando dated March 16, 2017, the defendants contracted them to print 200,000 tickets for the National Card Renewal exercise at the cost of K2 per ticket, thereby translating to K400, 000.
The plaintiffs stated that soon after the execution of the said agreement, they printed 200, 000 tickets.
They added that the defendants further requested for 50,000 more tickets on a gratuitous terms known as mbasela.
The plaintiffs stated that the defendants pegged the tickets for sale at K1,000, K50 and K30 respectively.
“The plaintiffs shall aver that according to the information supplied together with the request, the third defendant (Hichilema) was supposed to be the guest of honour at the said event,” read the claim.
The plaintiffs claimed that despite delivering the said tickets within the agreed period, the defendants had not paid the money despite asking for more time in which to pay.
“Despite the several follow ups to the defendants at their secretariat, the defendants have neglected to honour the agreement to pay. Despite several assurances that they will settle the indebtedness, the defendants have lamentably failed to honor the payment,” read the claim further.
The plaintiffs further stated that on November 15, 2017 the defendants having lamentably failed to settle and after several broken, failed and fake promises, Masando issued a written promise to pay the outstanding amount together with 30 percent interest.
They, however, stated that despite having committed to pay by November 17, 2017 the defendants still failed to pay the debt and to date the outstanding amount of K400,000 and interest of 30 percent remained unpaid.
The plaintiffs stated that as a result of the breach of the agreement, they had suffered loss and damage.