A Lusaka man has dragged provincial minister Bowman Lusambo to court for failing to pay a K70,000 balance on a property he purchased at K350,000 last year.
Coxcy Mudenda, owner of a property known as Lot No. 19897/M Lusaka, is seeking for a declaration that there is no contract between them as Lusambo has breached the contract in question, as well as, an order that Lusambo immediately vacates the subject premises.
In a statement of claim filed in the Lusaka High Court, Friday, Mudenda stated that on March 18, 2017, he entered into a contract of sale with Lusambo relating to proposed subdivision of Block IC of plot seven and eight of the said plot, at a total cost of K350,000.
He stated that Lusambo paid a deposit of K100,000 upon execution of contract and took possession of the premises.
Mudenda further stated that on two separate occasions, Lusambo made two equal payments in the sum of K50,000, bringing the total payments to K200,000 and leaving a balance of K150,000, which was to be paid within 30 days of execution of contract of sale.
He disclosed that Lusambo did not make the payment and by letter dated October 5, 2017 sent through his lawyers who committed to make the payment by October 13, 2017.
Mudenda stated that he planned to invest the proceeds in a farm project and he had to borrow money when Lusambo failed to stick to the contract.
“The plaintiff was originally hesitant to sell his property but agreed to proceed with the sale based on the understanding as proffered by the defendant that full payment would be made within a month of execution of contract of sale. The plaintiff’s reason for agreeing to enter into the sale agreement with the defendant was to invest the proceeds from the sale in a farm project,” read the statement of claim.
“In complete reliance that the defendant would abide to the terms of the contract of sale, the plaintiff went ahead and borrowed monies on interest.”
Mudenda further stated that on October 20, last year, he sent another letter to Lusambo’s lawyers, reminding them of their client’s commitment and gave them a seven day ultimatum within which to make the payment.
He stated that on November 1, 2017, Lusambo, through his lawyers, wrote a letter proposing to liquidate the outstanding amount in weekly installments of K20,000 but did not honour the proposal as he had only paid K30,000 by July 19, 2018, leaving a balance of K120,000.
Mudenda stated that Lusambo continued to make promises which he did not meet and on August 27, 2018, made payment of K50,000, leaving the balance of K70,000.
He lamented that despite several reminders, Lusambo had failed to pay the balance of K70,000 when he had been in possession of the said property from the date of execution of the contract of sale.
Mudenda added that as a result, he had suffered loss and damage.
He now seeks for a declaration that there is no contract between them as Lusambo had breached the contract in question.
Mudenda is further seeking an order that Lusambo immediately vacates the subject premises, as well as, damages for breach of contract, other reliefs and costs.