Vyansilati Enterprise Limited has asked the Lusaka High Court to enter judgement on admission for the K2.6 million it’s claiming from Policy Monitoring and Research Centre executive director Bernadette Deka.
It wants the Court to enter judgement by way of admission for the sum claimed and admitted by Deka, together with interest and costs from the date of the exhibited admission.
In this matter, Vyansilati Enterprise has sued Deka for failing to pay K2,675,000, which she borrowed.
It wants Deka to pay back the said sum at 15 percent interest per week from the date of default, being April 27 this year, until the date of the writ.
In an affidavit in support for summons for an order to enter judgement on admission filed in the Lusaka High Court recently, director of Vyansilati Enterprises, Harold Chibwe, stated that on May 29, Deka responded to a demand letter issued by the company advocates and admitted owing it K2,600,000 and also made an undertaking to settle the same.
“The company entered into a loan agreement with Deka on April 12, 2019 for a sum of K2, 675,000.00 to be paid within two weeks and late payment attracted a penalty of 15 percent of the total payment amount. On May 23, 2019 the company advocates issued a demand letter for sum of K4,591,412.98 and was duly acknowledged by Deka on May 29,” read the affidavit.
“Deka did respond to plaitiff’s advocates demand letter on May 29, admitting owing the plaintiff K2,600,000 and also made an undertaking to settle the same.”
He further stated that on June 6, 2019, Vyansilati Enterprise’s advocates responded to Deka’s letter advising her to pay the admitted sum of K2,600,000.00 within two weeks from the date of her letter and thereafter interest would be re-negotiated.
Chibwe added that Deka also admitted owing Vyansilati a sum of K1, 000,000.00 in her defence.
He stated that Deka had failed to honour her undertaking and that K2,600,000 remained outstanding to date despite her clear undertaking to settle the same in the correspondence of May 29.
“In the circumstance the plaintiff company have instructed their advocate to seek from this honourable court an order to enter judgement by way of admission for the sum so claimed and admitted by the defendant together with interest and costs from the date of the exhibited admission,” read the affidavit further.
In her defence, Deka denied owing Vyansilati K2.6 million stating that her agent Peter Malawo entered into an agreement with Marvin Chibwe to borrow a sum of K1,000, 000 on January 18, 2019.
She stated that Chibwe advanced K1,000,000 to her for a period of one month at 100 percent interest and a penalty of 15 percent per week.
“While the defendant admits owing the principal sum of K1,000,000 and reasonable interest to Marvin Chibwe, she denies indebtedness to the plaintiff at all and puts the plaintiff to strict proof. The defendant denies each and allegation in the statement of claim as though the same were herein set out and traversed seriatim,” stated Deka.