ARC Save Travel Tours and Car Hire Limited has asked the Lusaka High Court not to dismiss a case in which it has sued President Edgar Lungu’s former special assistant for political affairs Kaizar Zulu seeking payment of over K130,000 owed to it for air tickets.

It has submitted that the lack of progress in the matter was necessitated by the commitment on the part of Zulu through his associate in the hope that once full payment is received, the matter would be discontinued.

The company, however, adds that it has not received the full amount, but only K50,000.

In this matter, ARC Save Travel Tours and Car Hire is claiming K132,665 being monies owed for air tickets as well as damages for loss of use of funds.

It is further seeking interest and costs.

In its skeleton arguments in support of notice to show cause, ARC Save Travel Tours and Car Hire Limited stated that due to lack of progress in the matter, the Court issued a notice to show cause why there had not been progress in the matter on October 21, 2020.

It stated that the lack of progress was not deliberate, but due to the fact that some payment was received by Zulu’s associate Fredrick Chilobwa and that various promises were made by the said associate in liquidating the full amount.

But the company asked the Court not to dismiss the matter, adding that they have since managed to trace Zulu’s whereabouts and service had since been effected on him.

And according to an affidavit in support of notice to show cause, ARC Save Travel Tours and Car Hire stated through its lawyer Lorraine Shachinda that the Court process was initially not served on the defendant as they failed to locate his whereabouts.

Shachinda explained that service was also not effected because one of Zulu’s associates, Chilobwa, who was also issued a writ and statement of claim before court under cause number 2020/HPC/631 (another matter), came to learn of the proceedings before court involving Zulu when he went through their offices to collect his originating process.

She stated that Chilobwa made a payment of K50,000 on August 25, 2020, which was later on transmitted to ARC Save Travel Tours & Car Hire.

Shachinda stated that they had not made an application before court to serve by way of substituted service because they have received various promises from the associate of Zulu in the hope that they would discontinue the matter to save the court’s time.

“The lack of progress in this matter was necessitated by the commitment on the part of Zulu through his associate in the hope that once full payment is received, the matter would be discontinued forthwith. I verily believe that this court is vested with the power to dismiss an action if there is no progress within 60 days after filing an action. We crave the indulgence of this honourable court not to dismiss the matter as the plaintiff has not received the full amount, but only K50,000,” she stated.

According to a statement of claim filed in the Lusaka High Court Commercial Registry, ARC Save Travel Tours and Car Hire had stated that Zulu engaged it between October 25 and November 27, 2017, for the provision of air tickets for various individuals on his account.

It stated that Zulu was issued some invoices on the account, but added that the remaining balance in the sum of K132,665 on his account had not been settled to-date.

ARC Save stated that it through one of its directors engaged Zulu on several occasions reminding him of his indebtedness, but to-date he had not settled its indebtedness to the company.

“That due to the negative response by the defendant (Zulu), the plaintiff (ARC Save) through its advocates Messrs Andrew & Partners wrote a letter of demand to the defendant on June 12, 2020, which letter has not been received by the defendant as he has been avoiding phone calls from the law firm,” read the claim.

“All efforts to locate the whereabouts of the defendant have proved futile even after engaging a courier service to locate the defendant at his last known place of business.”

ARC Save stated that Zulu had made promises via WhatsApp messaging to one of the directors, a Ms Jessy Lengwe, but to-date he hasn’t fulfilled his promises.

It added that Zulu had since refused, neglected and/or denied to have the balance of K132,665 on his account cleared.

ARC Save stated that as a result it had suffered grave loss and inconveniences.