A BUSINESSMAN has dragged Intelligent Mobility Solutions Limited (IMS) to the Lusaka High Court demanding payment of outstanding rental arrears of over US $117,000 owed to him by the said company.
Mohamed Nawash has submitted that from December 24, 2019, IMS has fallen back in its required payments of the rentals and Withholding Tax payable to the Zambia Revenue Authority and that currently, the total amount of arrears for the rentals stands at US $117,599.93.
He adds that as a result of IMS’ conduct, he has been greatly inconvenienced and deprived of the use of the money as a businessman and has suffered loss and damages
Nawash is now seeking an order for the payment of US $117,599.93 owed by IMS and due to him for outstanding rental arrears in respect of a portion of Subdivision “WW” of Farm No. 4301, Lusaka which IMS occupied as per the Lease Agreement entered into by the parties dated November 10, 2017.
He also wants interest on the outstanding amount at the current commercial bank lending rates and legal costs.
According to a statement of claim filed in the Lusaka High Court Principal Registry, Nawash stated that IMS was a private limited company incorporated in Zambia and was at the material time a tenant of a portion of Subdivision “WW” of Farm No. 4301, Lusaka.
He stated that IMS entered into a Tenancy Agreement with him to rent his premises on November 10, 2017, under which IMS agreed to pay rentals of US $12,000 per month.
Nawash added that it was expressed in the Tenancy Agreement that the net monthly rentals were to be increased annually being US $12,000 in the first year, US $13,000 in the second year and US $14,000 in the third year.
He stated that he shall aver at trial that from December 24, 2019, IMS has fallen back in its required payments of the rentals and Withholding Tax payable to the Zambia Revenue Authority and that currently, the total amount of arrears for the rentals stands at US $117,599.93.
“As a result, the overall total amount owed by the defendant to the plaintiff stands at US $117,599.93 and the plaintiff has on several occasions reminded the defendant to settle the said arrears, but this has yielded no results. The plaintiff shall further aver at trial that as a result of the defendant’s conduct, the plaintiff has been greatly inconvenienced and deprived of the use of the money as a businessman and has suffered loss and damages,” read the claim.