MILLENNIUM Radio Limited has dragged the National Housing Authority (NHA) to the Lusaka High Court seeking an order to stay the sale of its property, which the latter seized after the radio station fell behind on paying rentals.
Patricia Chibiliti, the Millennium Radio executive director, said she is under reasonable fear and belief that the said goods would be sold if the bailiffs’ actions were not stayed.
Millennium Radio is now seeking an order setting aside the execution and/or sale of goods seized on the 23rd Floor, Findeco House Lusaka, by the NHA.
It also wants an order staying the sale and or/conveyance of the seized property, pending the determination of the matter and an order to pay rental arrears in instalments.
According to an affidavit in support of originating summons filed in the Lusaka High Court yesterday, Chibiliti explained that Millennium Radio Limited entered into a lease agreement with NHA and had rented the subject property since 2013, whilst honouring its rental obligations.
She stated that regrettably, due to operational challenges and largely occasioned by the unforeseen slump in business occasioned by the unprecedented COVID-19, Millennium Radio fell behind in the payment of rentals.
Chibiliti stated that the parties (Millennium Radio and NHA) through their respective advocates engaged to discuss and reconcile the rental arrears as the parties had different figures.
She stated that following the said discussions, meetings were held by which the parties reconciled and agreed on the amount owing as rentals and/or due to NHA.
“Having agreed on Millennium Radio’s indebtedness, advocates for the radio station requested NHA for a meeting to discuss Millennium Radio’s firm proposal to liquidate the agreed amount in instalments,” Chibiliti stated.
She, however, stated that to the radio station’s utter shock or surprise, they, on November 23, 2020, received a warrant of distress from a private bailiff dated November 7, 2020.
Chibiliti stated that the bailiff proceeded to make a list of goods to be seized the following morning being November 24, 2020.
“I am advised by counsel and I agree that this Court is mandated to apply both equity and law. I am also aware that the law allows a party to liquidate any debt by instalment. From the foregoing, there is sufficient ground for the Court to stay the execution and/or sale of the goods on the subject property, pending determination of this matter,” stated Chibiliti.