A married couple has dragged Southern Province PF publicity secretary Trymore Mwenda to court after he failed to execute a written contract, as well as, refunding them K150,000 paid after purchasing half of his farm.
Walter Muleya and Brenda Muleya disclosed that Mwenda refused to give them ownership of the land and as the result, they have suffered losses.
In a statement of claim filed in the Lusaka High Court, July 6, the plaintiffs stated that in August 2016, they had entered into a verbal agreement where it was agreed that Mwenda sells part of his farm to them at K175,000.
“The plaintiffs are a married couple who purchased land from the defendant. In August 2016, the plaintiffs enetered into a verbal agreement with the defendant where it was agreed that Mwenda shall sell part of his farm at a price of K175,000. The defendant sold a proposed subdivision measuring 32.5m*34.1m from the same farm,” read the statement of claim.
They stated that the defendant had told them that the said agreement would only be reduced in writing when K150,000 of the contract price had been paid.
“Mwenda told the plaintiffs that the said agreement shall only be reduced in writing when a total sum of K150,000 of the contract price has been paid as a deposit. On September 29,2016, the plaintiffs proceeded to transfer the sum of K120,000 to Mwenda’s account number held at Barclays bank, Chilenje Branch. Also on September 30, 2016 the plaintiffs further deposited direct the sum of K30,000 to Mwenda’s ac count. After paying the total sum of K150,000, the plaintiffs approached Mwenda to execute a written contract,” the statement of claim read further.
The plaintiffs stated that after paying K150,000, the defendant had failed to execute a written contract and had also failed to give them ownership of the land.
They observed that they had suffered losses as a result of Mwenda’s conduct.
“The defendant has failed to execute a written contract as agreed by the parties neither has he given possession to the plaintiffs for them to develop the land. The defendant has also refused to refund the plaintiffs their money paid. The plaintiffs have suffered loss and dangers as a result of the defendant’s conduct,” read the statement of claim.
The couple is therefore seeking specific performance of the sale of the proposed subdivision, an order that the defendant executes a written contract within seven days, in the alternative an order of a refund of the sum of K150,000, interest and costs.