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Airtel sues Kapiri man for refusing to pay back K200,000 erroneously sent to himBy Zondiwe Mbewe on 13 Mar 2019
Airtel Networks Zambia has sued a Kapiri Mposhi resident in the Lusaka High Court for refusing to pay back K200,000 which was erroneously paid to him by the company.
The company wants James Kumwenda to pay it back the K200,000 plus interest.
In a statement of claim filed in the Lusaka High Court recently, Airtel Networks Zambia stated that it was at all material times, a public limited company whose main business was in telecommunications.
Airtel Networks added that Kumwenda was at all material times a resident of Kapiri Mposhi and owner of Subdivision K of farm number 3790.
It explained that Kumwenda sued the company in 2017 and it was agreed and ordered that he was to be paid K95,000 as full and final settlement of the said action.
Airtel Networks claimed that in settling the said judgement sum, the company, through its Finance Department, erroneously overpaid Kumwenda by K200,000.
“By an action in the High Court, the defendant (Kumwenda) sued the plaintiff (Airtel) under cause number 2017/HB/30 and the said matter was settled by consent order whereby it was agreed and ordered that Kumwenda was to be paid K95,000 as full and final settlement of the said action,” read the statement of claim.
“In settling the said judgment sum, Airtel Networks Zambia through its Finance Department, erroneously overpaid Kumwenda by the sum of K200,000. Instead of K95,000, Kumwenda was paid K295,000.”
The company claimed that Kumwenda was not legally entitled to the said overpayment of K200,000, adding that the defendant had refused to repay the said money to the company.
It stated that Kumwenda acknowledged and admitted receipt of the K295,000 and had no defence to the company’s claim.
The company lamented that it had suffered loss and damage as a result.
The telecommunications company is now claiming the sum of K200,000 which Kumwenda received from it, interest, costs and and any other relief the court may deem fit in the circumstances.
About Zondiwe Mbewe
Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.
Email: zondiwe [at] diggers [dot] news
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