Society Business Park Development Company has sued Trudy’s Takeaway for refusing to pay over K100, 000 in rental arrears.
Society Business Park Development Company finance manager Edward Chewe Kunda has said Trudy’s Takeaway restaurant has breached the contract entered into with the institution.
The company has sued Gertrude Mutakani Mundia, Namasiku Mundia Chileshe, Nesheko Mundia Tembo, Mashebe Mundia, Wamushe Mundia and Alex Mundia (trading as Trudy’s takeaway), demanding payment of the money owed, interest, cost and any other relief that the court may deem fit.
According to an affidavit in support of originating notice of motion filed in the Lusaka High Court, Kunda explained that Society Business Park Development Company entered into a lease agreement with the respondents for the possession and occupancy of shop number G039 at Society Business Park.
He stated that pursuant to the lease agreement, the respondents agreed to occupy and use the premises for the purpose of operating a restaurant.
Kunda claimed that contrary to what was agreed, the respondents had refused to settle the rental arrears amounting to K133,396.03 and K5,581.31 in respect of utility charges.
“It was an express term of the said agreement that the respondent would throughout the term of its occupation and use of the premises, be liable to pay an agreed monthly rental expenses, marketing fund and utility charges. The respondent, having taken occupation and use of the premises, refused, neglected and ignored its obligation to pay the agreed monthly rental, property expenses, marketing fund and utility charges,” Kunda stated.
He stated that as a result of the respondent’s failure to observe its financial obligations, Society Business Park wrote a series of letters to them, demanding payment of the rental arrears.
Kunda further stated that in spite of Society Business Park’s demands for payment, the respondents had unjustifiably refused, failed or neglected to pay the money they owed.
Kunda claimed that the respondent had, however, continued to use and occupy the premises from December 2015 to date.