Court orders Kambwili to pay rental arrears

THE Lusaka Magistrates’ Court has ordered Roan member of Parliament Chishimba Kambwili to pay K19, 876.00 in rental arrears for his employee National Democratic Congress (NDC) deputy media director Kirby Musonda. This is according to the order for garnishee nisi signed by Lusaka Magistrate Brian Simachela yesterday. This is in a case where landlady Sara Mwango Kalufyanya obtained a judgment in default of appearance against Mr. Musonda after he allegedly failed to pay rentals for her flat he was renting. Mr. Kambwili has since been ordered to appear before Mr. Simachela next Friday to explain to the court why he should not pay the arrears on behalf of his employee. According to Ms. Kalufyanya, on September 7, 2018 she obtained the judgment in default of appearance against Mr. Musonda for the K19, 876.00 including costs and interest. In her affidavit in support of ex-parte summons to garnish Mr. Kambwili, the third party, Ms. Kalufyanya said a copy of the same judgment was duly served on Mr Musonda on September 10, 2018 but he refused to acknowledge receipt of the same. “The same judgment is still wholly unsatisfied as to a total of K13, 820.00 and the defendant has neither paid interest nor the costs as ordered. I further verily believe that the garnishee (Chishimba Kambwili) who is the employer of the defendant is indebted to the defendant with salaries yet to be paid to the judgment debtor (Mr. Musonda) as his employer… “That the grounds of my knowledge information and belief is the information given to me by the defendant (Mr. Musonda) in respect of their contract of employment with the garnishee (Mr. Kambwili). The defendant has not been paid for months now by the garnishee,” Ms. Kalufyanya said. She said she was advised by her advocates Messrs Hobday Kabwe and Company and verily believes that the court can order that the sums due and owing to her from Mr. Musonda and Mr. Kambwili can be paid to her in satisfaction and or partial satisfaction of the debt owed to her. “I verily believe and I am advised by my advocates that it is in the interest of justice that the judgment creditor enjoys the fruits of the judgment as early as the as the funds to satisfy the judgment sum are available so as to put the matter to rest,” she said. And Mr. Kabwe explained that after Mr. Musonda failed pay Ms. Kalufyanya rentals for her flat, she obtained the judgment in default of appearance against him and the only available means to get at him is through Mr. Kambwili his employer.