VARLOSTYLE Digital Home Limited has sued Ster-Kinekor Zambia limited in the Lusaka High Court demanding K251,948 as damages for negligence for failing to mitigate the effects of their damaged sewer pipes after effluent from the said pipes spilled into the plaintiff’s shop and caused damage to property.
In its statement of claim, Varlostyle, which is situated at Manda Hill shopping mall, said that on December 19, 2020, the sewer line discharge pipes from Ster-Kinekor’s lavatories that pass above its shop, malfunctioned and sewer effluent poured into its shop through the ceiling board.
It said Ster-Kinekor was negligent as it failed to carry out regular inspections of the sewer pipes, supervise the same, carry out regular assessment, take out adequate measures to mitigate and control the effects of the malfunctioning sewer pipes and meet the required acceptable standards and ensure that no leakage or spillage occurred.
Varlostyle contended that as a result of Ster-Kinekor’s negligent acts or omission to inspect the sewer pipes and failure to exercise due care to ensure that the sewer pipes do not malfunction and cause injury to their neighbour if the sewer effluent spilled into other shops, it had suffered damage to its property and goods.
It said the ceiling boards and interior walls were damaged, including property amounting to K251,948.
Varlostyle said it had to close the shop and stop operating for six days in order for the sewer pipes to be repaired and its shop to be cleaned and as a result it lost K750,000, being the profit realisable from sales of K250,000 per day.
“The plaintiff engaged the defendant to be compensated for the loss resulting from the malfunctioning of the sewer discharge pipes. Despite various engagements with the defendant to resolve the issue of compensation amicably the defendant has not compensated the plaintiff for damage and loss incurred,” Varlostyle claimed.
It said owing to the reluctance or willful negligence by Ster-Kinekor to compensate it for the damage and loss incurred, it engaged its lawyers to draft a demand letter to the defendant but it had no courtesy to respond to it.
Varlostyle is claiming damages for negligence, payment of K750,000 lost profit, general damages for inconvenience, and interest on the sum found due.