Lusaka resident sues Lusambo for breach of contract in land sale


LUSAKA Province minister Bowman Lusambo has been sued in the High Court for failing to settle K70,000 which is balance for a property he purchased at K350,000 last year. Coxcy Mudenda, the owner of a property known as Lot No. 19897/M Lusaka, which Lusambo purchased, is seeking an order that the minister immediately vacates the premises as he has breached the contract.

According to a statement of claim filed in court on November 2, Mudenda stated that on March 18 last year, he entered into a contract of sale with Lusambo relating to proposed subdivision of Block IC of plot seven and eight of the Lot at K350,000. He stated that Lusambo paid a deposit of K100,000 upon execution of contract and took possession of the premises and further made two equal payments of K50,000, bringing the total payments to K200,000.

Lusambo remained with a balance of K150,000 which was to be paid within 30 days of execution of contract of sale. Mudenda, however, stated that Lusambo did not make the payment  as agreed and  that by a letter dated October 5, 2017 sent through his lawyers, he committed to make the payment by October 13, 2017.

The plaintiff stated that he agreed to enter into a sale agreement with Lusambo and he wanted to invest the proceeds in a farm project on complete reliance that the minister would abide to the terms of the contract of sale and he went ahead and borrowed money on interest.

“The plaintiff was originally hesitant to sell his property but agreed to proceed with the sale based on the understanding as proffered by the defendant that full payment would be made within a month of execution of contract of sale,” Mudenda stated.

Mudenda further stated that on October 20 last year, he sent another letter to Lusambo’s lawyers, reminding them about his commitment and gave them a seven-day ultimatum within which to make the payment.

But that on November 1, 2017, Lusambo, through his lawyers, wrote a letter proposing to liquidate the outstanding debt in weekly installments of K20,000 but did not honour the proposal and only  paid K30,000 by July 19 this year while K120,000 was still outstanding. The plaintiff stated that Lusambo continued making promises which he did not honour and on August 27, he paid K50,000, leaving the balance of K70,000 which he had neglected to pay despite several reminders.

He stated that the minister had been in possession of the property from the date of execution of the contract of sale, making him suffer loss and damage. Mudenda has asked the court to declare that there was no contract between them as Lusambo has breached it. He is also seeking damages for breach of contract, any other relief the court might deem fit and costs.

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