ABSA Bank Limited has applied to serve its former employee, Pamela Gondwe, via substituted service in a matter in which it has sued her demanding recovery of over K200,000 which she owes the bank from a loan acquired in 2010.
The bank has submitted that attempts to serve the court process on Gondwe proved futile as she no longer resides at her known address and her whereabouts remain unknown.
In this matter, the bank is seeking payment of the principal sum of K183,037.69 together with interest in the sum of K88,064.95 accrued from the date of default, being monies due and owing to the Bank by Gondwe, the total outstanding amount being K271,102.64.
They are further seeking costs and any other relief the court may deem fit.
ABSA, formerly Barclays Bank, stated that it entered into a staff loan facility agreement with its former employee, Gondwe and it was agreed that she would be advanced a housing loan facility in the sum of K240,000 together with interest.
They stated that Gondwe had however defaulted despite several reminders and owes ABSA K271,102.64.
The bank in its application filed into the Lusaka High Court commercial registry, is demanding the payment of the said amount or alternatively an order for foreclosure, possession, and sale of subdivision no.2260 of Lot no. 1052/M, Lusaka secured by the mortgage deed dated May 5, 2021.
According to the term of the facility agreement, ABSA would liquidate the advance sum together with interest consecutive [in] monthly installments spanning a period of 20 years until June 21, 2030.
But according to an affidavit in support of ex-parte summons for an order for leave to serve by way of substituted service, Nabulanga Ntalasha, the head of collections and recoveries at ABSA, stated that they attempted to serve the court process on Gondwe but she no longer resides at her known address and her whereabouts remain unknown.
“That I am advised by the applicant’s advocates and verily believe the same to be true that on 24th September 2021, the applicant’s advocates did attempt to serve the Originating Process on the respondent at her last known address of House No. P12/ 5 C7, Kafue Estates. However, they were unable to personally serve on the respondent, as she no longer resides at the said address. That the applicant cannot execute personal service on the respondent as the respondent’s whereabouts remain unknown,” she stated.
Ntalasha stated that it had become necessary to serve the originating process on Gondwe by way of substituted service by advertising the court process in a newspaper with wide circulation in the country.