HH IN HIGH COURT OVER K520,000 DEBT
LUSAKA businessman Prince Siame and Prospect Tech Limited have asked the Lusaka High Court to compel UPND leader Hakainde Hichilema and three others to pay an outstanding debt of K520,000.
According to an Interlocutory application for judgement in default of appearance and defence pursuant to Order 12 rules 1 and 5 of the High Court Rules CAP 27 of the Laws of Zambia, the plaintiffs want the court to enter judgement in default of appearance and defence against the defendants.
The plaintiffs want the court to enter judgement in their favour on grounds that they issued and served process by way of writ of summons and statement of claim to the defendants but they have failed to enter appearance and defense in the matter.
In this matter, Siame and company have dragged Hichilema and three others to court demanding payment of K520,000 for printing services of 200,000 tickets for the national card renewal exercise at the instance of the UPND.
Siame and Prospect Tech Limited have sued UPND secretary general Steven Katuka, Miriam Masando (organising committee chairperson for card renewal ), Hichilema and party registered trustees seeking an order that the UPND be declared bankrupt and that the party be dissolved and deregistered for allegedly failing to pay its debt amounting to K520, 000.
According to a statement of claim filed by Lusaka lawyer Tutwa Ngulube on behalf of the complainants, by a written agreement made between the plaintiffs and the defendants represented by Masando dated March 16, 2017, the defendants contracted Siame and Prospect Tech limited to print 200,000 tickets for the national card renewal exercise at the cost of K2 per ticket.
The complainants said the amount agreed on was K400,000 and after the execution of the said agreement, Siame printed 200,000 tickets.
Siame stated that the defendants further requested for 50,000 cards on a gratuitous whooping known as mbasela (given by seller).
He claimed that Hichilema and his co-defendants pegged the tickets for sale at K1,000, K50 and K30 respectively .
Siame said according to what he was told, Hichilema was supposed to be the guest of honour at the said event.
“Despite delivering the said tickets within the agreed period the defendants have not paid the money despite asking for more time in which to pay,” Siame said.
“The plaintiff shall aver that despite the several follow ups to the defendants at their secretariat, the defendants have neglected to honour the agreement to pay. The plaintiffs shall aver that despite several assurances that they will settle the indebtedness, the defendants have lamentably failed to honour the payment.”
Siame further stated that on or about November 15, 2017, the defendants having lamentably failed to settle and after several blocking, failed and faked promises, Masando issued a written promise to pay the outstanding amounts together with 30 per cent interest .
He said that despite having committed to pay by November 17, 2017, Hichilema and his co-defendants have still failed to pay the outstanding debt and to date the outstanding amount of K 400,000 and the 30 per cent interest rains unpaid.
Siame lamented that as a result of the breach of the agreement, he has suffered loss and damage and wants compensatory reliefs .
He is seeking an order for the payment of K400,000 plus 30 per cent interest amounting to K120,000, bringing the total due to K520,000.
Siame and Prospect Tech limited are further seeking an order that the defendants pay all the costs for the collection and charges, incidental and connected to the suit.
They are also claiming for exemplary and aggravated damages and costs.