A BUSINESSMAN of Chawama Township has dragged Lusaka District Commissioner Maximo Kankomba to the Lusaka High Court, demanding payment of over K300,000 as damages for loss of business.
Capson Mwanza claims that Kankomba, who is a family friend, used his (Mwanza’s) Tipper Truck as collateral for him to borrow K80,000 from another, and promised to pay him the price value of the said truck, but has failed to do so.
Now Mwanza is seeking an order to compel Kankomba to pay him K380,000 as damages for loss of business.
He also wants costs, interest and any other reliefs the court may deem fit.
In a statement of claim filed in the Lusaka High Court principal registry on February 28, Mwanza stated that Kankomba was a civil servant.
He added that sometime in July last year, Kankomba had a problem and needed some money for him to sort out personal problems.
Mwanza further stated that on July 6, 2019, Kankomba, in his company approached the man who had money to lend him but was told to provide a collateral.
He claimed that Kankomba, at that time, had no property as he was just a few months from his appointment as Lusaka DC.
Mwanza further stated that he was into the Transport business and had a Tipper truck which he used to supply sand and was making not less than K2,000 per day.
“The defendant (Kankomba) asked the plaintiff (Mwanza) if he could use the Tipper Truck as collateral for him to borrow the sum of K80,000 which was supposed to be paid back within a month. The plaintiff, being a family friend to the defendant, agreed to the request and allowed the defendant to use the Tipper Truck as collateral,” read the statement of claim.
Mwanza stated that Kankomba used his Tipper Truck and that K80, 000 was given to him with a condition of one month in which to pay back with interest, failure to which, the Tipper Truck would be forfeited.
He claimed that after a month, he tried to remind Kankomba of the expiry period in which to pay back the money he borrowed so that he could have his truck back.
Mwanza claimed that Kankomba told him just to forget about the Tipper Truck as he was going to pay him the price value of the said truck.
He added that at that time, the truck was valued at K110, 000 but it is currently valued at K190, 000.
Mwanza stated that since August 2019, he had tried to remind Kankomba about the pending payment as per agreement, but to no avail and he was “just making empty promises”.
“The defendant has taken more than seven months and the plaintiff has continued making loses and he is now claiming the sum of K380, 000 for damages and loss of business. The defendant has refused and neglected to pay the said monies to the plaintiff and in this circumstance, the plaintiff was left with no option but to institute the legal action,” read the statement of claim.