FORMER Access Financial Services director Faustin Mwenya Kabwe has sued Kingsland City Investment Limited in the Lusaka High Court, seeking an order for issuance of a receipt for the K110,000 paid for the purchase of two properties.
Kabwe wants the said money to be credited in his purchase account held by Kingsland City.
He is, in the alternative, asking the court to order Kingsland City Investment Limited to refund him the sum of K120,000, with interest from the date of the payment of the said amount up to the date of full payment.
Kabwe also wants damages for breach of agreement, inconvenience, interest and any other order the court may deem fit.
In a statement of claim filed in the Lusaka High Court, July 21, 2020, Kabwe stated that he was a purchaser of two properties at Kingsland City.
He explained that he was interested in purchasing two properties from Kingsland City and when he made inquiries, he was advised that as a way of commitment, he needed to make upfront payment of K10,000 per property so as to have Kingsland City reserve the property for him as the same were on high demand.
Kabwe stated that he made an initial payment for the reservation of property on January 29, 2018 and a receipt was issued in his favor.
He stated that he again made another payment of K10,000 on March 6, 2018 and that the same day, he and Kingsland City signed a contract of sale of US$89,230, C3,35.3#,1.3-B of stand no.Lusaka/LN_21982/3.
Kabwe stated that on or about June 18, 2018, he was called by Kingsland City sales manager Joy Munthali advising him that that she had found a property for him which was initially sold to a Penias Banda.
He stated that he was advised to make another advance payment of K100,000 directly to Banda to secure the said property and accordingly, the parties entered a contract for the purchase of G-27#,D4-B of Lusaka /Ln _24982/3 situated in Lusaka for the sum of USD172,272 dated June 18, 2018.
Kabwe stated that he instructed Messers MC Mulenga and Company to transfer the sum of K100, 000 to Banda as consideration for the purchase of the subject properties and the instructions were executed on June 21, 2018.
He stated that he started following up with Kingsland City for issue of the receipt for the K100, 000 and that the defendant kept assuring him that the same would be done.
“The plaintiff will at trial show that sometime in August 2019, the plaintiff discovered that the defendants’ sales manager had been arrested for theft. He accordingly followed on the defendant to check the status of his account and found that the defendant had only credited the sum of K20,000 in his account as opposed to the K120, 000.00,” read the statement of claim.
Kabwe stated that efforts to have Kingsland City credit the amount of K100,000 to his account had proved futile.
He added that Kingsland City had either neglected, refused, ignored or failed to adjust his account accordingly.
Kabwe further stated that by this time, he would have finished paying for the purchase of the two properties but had not been able to due to Kingsland City’s continued refusal to adjust his account.
The plaintiff stated that as a result, he had been greatly inconvenienced and had suffered loss and was greatly affected by Kingsland City’s failure to credit his account accordingly as he was unable to conclude the purchase of the properties and take possession of them.