PEOPLE’S Alliance for Change (PAC) president Andyford Banda has dragged a businesswoman to the Lusaka High Court, seeking a refund of over K350,000, money which was paid to her for the sale of a property in Livingstone.
Banda, who has sued Bridget Zulu, wants an order that she pays him K353,000, being a refund of money paid to her with respect to a cancelled contract of sale for a subdivision of stand 2613/177 Livingstone.
He also wants interest, costs and any other relief the court may deem fit.
In a statement of claim filed in the Lusaka High Court recently, Banda stated that Zulu was a registered owner of plot 2613/177 situated in Livingstone.
He stated that by contract of sale entered into between himself and Zulu on November 29, 2019, the latter sold subdivision of plot 2613/177, comprising a semi-detached housing unit to him at a consideration of K700,000.
Banda stated that prior to the execution of the contract of sale between the parties, Zulu borrowed money from FINCA and had lodged the certificate of title for plot 2613/177 with the said FINCA.
“According to the special conditions attached to the said contract of sale, the plaintiff (Banda) was to pay the K700,000 to the defendant (Zulu) as follows: the sum of K210,000 to FINCA as part of settlement of the purchase price of the property sold to the plaintiff.
The sum of K31,500.00 to be paid prior to execution of the contract of sale. The sum of K458,500 to be paid in four equal instalments of K114,625 commencing on December 4, 2019 and ending on March 10, 2020,” read the claim.
He explained that of the payment of K210,000 due to FINCA, he paid K115,000 prior to execution of contracts leaving a balance of K95,000.
Banda stated that he also paid Zulu K31,500 towards the purchase price prior to the execution of contract, but added that he was, however, unable to settle K95,000 to FINCA and the instalment of K114,625 when it fell due.
He stated that on February 28, 2020, he had paid Zulu K278, 000, leaving a balance of K422,000 of the purchase price.
Banda stated that it was a term of the revised agreement between the parties that Zulu would ensure full payment of the obligation to FINCA in order to unencumber the title deeds with respect to the property.
He stated that it was also agreed that Zulu would yield vacant possession of the property subject of the sale agreement on March 15, 2020.
Banda stated that in compliance with the revised payment schedule, he paid the defendant K50,000 on February 28, 2020 and a further payment of K25,000 on March 4, this year.
He added that prior to making the second payment of K25,000 that was due on March 6, 2020, he was made aware that Zulu had not settled her indebtedness to FINCA and that the title for the property had not yet been released by the financial lending institution.
“Banda, being wary of Zulu’s failure to pay FINCA as agreed, held back the instalment of K25,000 that was due on March 6, 2020 and demanded that the defendant pay FINCA before any more money could be paid to her,” read the claim.
He added that Zulu also refused to yield vacant possession of the property citing COVID-19 as the reason.
Banda further stated that Zulu subsequently terminated the contract of sale.
He explained that it was a term of contract of sale that in the event of termination by the defendant, the defendant would be liable to refund the plaintiff all the money paid with respect to the purchase price either from proceeds of sale of the property to another buyer or any other source.
Banda stated that as at the date of termination of the contract of sale, he had paid Zulu K353, 000.
The plaintiff stated that Zulu had failed or neglected to refund him the K353,000 despite several requests to that effect by him, adding that as a result, he had suffered loss.