LUSAKA businessman Victor Mangesana has sued Policy Monitoring and Research Centre executive director Bernadette Deka in the High Court for failing to pay K130,000 which is the outstanding balance for the purchase of a BMW motor vehicle.
According to a statement of claim filed in the principal registry, Mangesana is also claiming damages for breach of contract.
He stated that he entered into a contract in which Deka on May 20, 2016 agreed to buy his BMW registration number BAD 966 at K430,000. Mangesana stated that Deka paid a deposit of K100,000 and later paid another K200,000, leaving a balance of K130,000.
He stated that it was agreed in the contract that Deka pays the balance of the purchase price by July 20, 2016 and that in an event that she failed to do so on the agreed date, he would give her a grace period of two weeks within which to pay. Mangesana stated that it was agreed that if Deka still failed to pay the balance of the purchase price during the two-week grace period, he would withdraw the vehicle from her and the deposit paid would be forfeited for loss of business.
“Additionally, it was agreed that only after payment was completed by the defendant on the agreed date would ownership of the vehicle transfer from the plaintiff to the defendant,” he stated.
Mangesana stated further that Deka had failed to pay the balance despite constant reminders, phone calls and messages.
He added that on April 26, 2018, his lawyers A. Mbambara Legal Practitioners requested her to pay the balance within seven days from the date when the letter was issued, failure to which summons would be issued without any further warning. Mangesana stated further that on May 2, Deka sent a text message acknowledging that she had received the letter of demand.
“The defendant further stated in the text message that she wanted to repair the vehicle and sell it in order to pay off the balance of the purchase price for the said vehicle because she was not doing well financially but the vehicle was in my possession,” he stated.
Mangesana stated that the vehicle was only in his possession because Deka’s ex-boyfriend Joe Nkausu had caused the car to be involved in an accident.
“…the defendant contacted me seeking help with any good garage I could recommend for fixing the said vehicle. Therefore, I took the vehicle to a good garage I know of which is where the vehicle still is,” he stated.
Mangesana stated that he had suffered loss and damage due to Deka’s failure to settle the K130,000 and further demands interest and costs.