PETAUKE PF member of parliament Emmanuel Jay Banda has been dragged to court by Rejave Car Hire Services over failure to pay for car hire services amounting to K101,000.
Banda and Jonathan Shawa, his agent, have been cited as first and second respondents in the matter.
According to the statement of claim filed in the Lusaka high Court, the company stated that Shawa presented himself as Banda’s agent, with due authority and power to hire a motor vehicle from it for campaigns in the Eastern Province.
The company stated that on May 15, this year, the defendants hired a Toyota Prado AEB 1380 at a daily rate of K1,500 for a period of three months from the company and that the total payment due under the agreement was to be paid upfront in full on the date of the agreement.
It stated that the motor vehicle was in Banda’s possession for 110 days and that it was only returned to the company after the involvement and help of the Zambia Police.
“In the meantime, the 1st Defendants through the 2nd Defendant has so far made some payments towards the hire thereof, leaving a total balance of ZMW 101,000.00, which amount still remains due and unsettled, The breakdown of the amounts paid so far is as follows: May 17, K5,000; June 3rd, K18,000; July 3rd. K23,000 and August 11, K18,000,” stated the company.
The company further stated it was a term of the agreement for the defendants to return the motor vehicle to the company in the same good condition as it was provided at the time of the agreement but noted that it wasn’t returned in a good condition.
The company stated that Banda and Shawa were on several occasions requested to honour their obligations under the agreement but that they had relentlessly neglected, ignored and refused to meet the same, a situation which forced the company to meet the costs for repair of the motor vehicle at a total cost of K67,000 so as to put the motor vehicle in a good condition and be able to continue with its car hire enterprise.
“The plaintiff will show at trial that despite the first defendant assuring the plaintiff that he will make the payments of the sum due and unpaid claimed herein, the said amounts remain due and unpaid. On account of the matters aforesaid, the plaintiff has suffered great loss and damage as well as inconvenience, and is likely to suffer the aforesaid unless this honorable court intervenes,” stated the company.
The company is therefore claiming an order directing the defendants to pay to the plaintiff the sum of K101,000.00 being the balance due and unpaid for the hire of the motor vehicle and an order directing the defendants to refund the plaintiff a sum of K67,000 being the total expense incurred by the plaintiff to fix/repair the motor vehicle, which expense was to be borne by the defendants, as per the agreement
The company is further seeking a declaration that the defendants by refusing, neglecting and/or ignoring to pay to the plaintiff the sums of monies mentioned, breached the agreement and damages.
