NAPSA sues Wynter over unpaid rentals

National Pensions Scheme Authority (NAPSA) has dragged Rainbow Party leader Wynter Kabimba’s Law firm to the Lusaka High Court for unpaid rentals of over K300,000.

NAPSA is claiming payment of K377,339.25 being the unpaid rentals due as at June 30, this year, payment of K14,195 utility charges, among other claims.

In a statement of claim filed in the High Court Commercial registry, NAPSA stated that the defendant, W.M. Kabimba and Company was a Law firm duly registered with the Law Association of Zambia and a tenant of NAPSA at Plot No.6131 Geodfrey House Longolongo Road, in Lusaka.

It stated that sometime in 1996, it entered into a lease agreement with Kabimba’s firm for the possession and occupancy of a portion of Godfrey House, which lease agreement was renewable yearly.

NAPSA further stated that arising from the said lease agreement, Kabimba’s Law firm had throughout the term of its occupation and use of the demised premises, been liable to pay the agreed monthly rent of K7,515.14 and K657.68 utility charges.

It stated that Kabimba’s firm had through out the use of the premises been liable to pay the agreed monthly rent which currently stood at K377,339.25 as at June 30 2019, but added that it had made no efforts to honour its obligation.

NAPSA stated that during the period the Law firm had been in possession of the premises, it had been inconsistent in paying rentals.

“The plaintiff will state that in so far as is known to it, the defendant has not made any effort to honour his obligation or promises to pay for the outstanding rental arrears. That during the period that the defendant has been in possession of the demised premises, the defendant has been inconsistent in paying its rentals and has unjustifiably refused, failed or neglected to liquidate the rental arrears despite several reminders,” read the statement of claim.

NAPSA further stated that it would aver at trial that the Law firm was clearly not able to sustain occupancy of the premises due to the total contumelious disregard of the agreement between the parties.

It stated that the Law firm’s continued possession of the premises and failure, neglect or deliberate refusal to honour its obligation was depriving NAPSA of much needed investment returns from the premises.

NAPSA now claims payment of K377,339.25 being the unpaid rentals due as at June 30, this year, payment of K14,195 utility charges as at July 1, 2019, mesne profits and vacant possession of the said premises.

It further wants interest on the amount found due, costs and any other relief that the court may deem fit.

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