A Lusaka Law firm has dragged former Zambia Red Cross Society secretary general Charles Mushitu to court for failing to pay over K300,000 accrued as legal representing services during the period he was facing criminal charges.
Milner and Paul Legal Practitioners, suing as a firm, is claiming an order for possession and sale of Mushitu’s property situated at Plot No. 31326 in Lusaka’s Chalala area.
And in the alternative, the law firm wants payment of the amount due to it including interest, costs and any other order the court may deem fit.
According to an affidavit in support of originating summons sworn in by Prudence Chisanga Hampungani, an employee of the law firm, on April 23, Mushitu first retained the law firm in 2013 when he and two others were facing one count of abuse authority and another count of destroying evidence but was later acquitted.
Hampungani stated that around the same period, Mushitu further retained the law firm to represent him in another criminal matter where he was charged with 13 counts of forgery, uttering false documents, making documents without authority and obtaining credit by false pretences.
She stated that Mushitu was tried and was acquitted on all the charges.
Hampungani stated that the law firm also represented Mushitu in another matter where he was facing charges of theft and money laundering involving about K1.4 million.
“The applicant also represented the respondent in another matter where he was facing charges of theft and money laundering involving about 1.4 million. The respondent was also arrested and charged with offences similar to those above, (of forgery, uttering false documents, making documents without authority and obtaining credit by false pretences) and appeared before another court but a nolle prosequi was entered for him” read part of the affidavit.
Hampungani added that the law firm represented Mushitu in four different courts, all between the year 2012 to 2017.
She claimed that in a letter dated January 12, 2015, Mushitu deposited with the law firm title deeds to his property namely Stand No. 31326, Lusaka, which was to be used as security for all the legal costs.
Hampungani stated that in May 2017, Mushitu was issued a fee note for the legal services rendered to him at K393,000 which was reduced to K300,207.50 after negotiations.
She however stated that despite several reminders, Mushitu had failed or neglected to settle the said amount.
“I genuinely believe that the respondent is truly and justly indebted to the plaintiff in the aforesaid sum of K300,207.50. That in the premises I crave this court’s indulgence to grant me the relief sought in the originating summons,” read the affidavit.