A LUSAKA resident has dragged Innocent Kalimanshi and five others to court, claiming K245,000 for the purchase of land which has not materialised.
According to a statement of claim filed in the Lusaka High Court, Diamond Mushota stated that Kalimanshi, Nathan Phiri, Evans Mwanza, Capson Mwanza and Chola Chishimba offered him a piece of land measuring approximately 500 hectares in Chisamba.
Mushota stated that on October 15, 2020, he, together with the plaintiffs entered into an agreement whereby it was agreed that the plaintiff was to buy 100 hectares of the land at a consideration of K582,000.
He stated that the parties agreed that 50 percent of the amount was to be paid soonest to enable the defendants to start processing the paperwork and he paid an amount of K55,000 in cash upon agreeing the sales price which the defendants claimed included the survey fees.
He added that on October 22, 2020, he paid a further K103,000 in cash which amount was acknowledged by the third, fourth and fifth defendant.
“On a date unknown but in the month of October, 2020, the plaintiff paid further K87,000 in cash which amount was received and acknowledged by the third defendant. The amounts paid to the defendants all together amount K245,000,” stated Mushota.
Mushota stated that upon paying the total sum of the same amount, he requested for the letter of offer as agreed to start the process of securing a certificate of title but despite repeated reminders, the defendants have refused or neglected to produce the said letter of offer.
Mushota is however seeking payment of the amount of K245,000 being the amount paid for the purchase of the 100 hectares of land in Chisamba which deal has not materialised
He is also seeking interest on the amount due, costs and such other relief as the court may consider appropriate.