Society Business Park sues client

SOCIETY Business Park Development Company has dragged of its tenants to the Lusaka High Court for refusing to pay over K100, 000 rentals.

According to an affidavit in support of originating notice of motion filed by Edward Chewe Kunda, the Finance Manager of Society Business Park Development Company, Trudy’s Take Away restaurant had breached the contract entered between them.

Society Business Park Development Company sued Getrude Mutakani Mundia, Namasiku Mudia Chileshe, Nesheko Mudia Tembo, Mashebe Mundia Wamushe Mundia and and Alex Munia (trading as Trudy's take away).

Mr Kunda said the applicant (Society Business Park Development Company) entered into a lease agreement with the respondents for the possession and occupancy of shop number G039 at Society Business Park.

He said pursuant to the lease agreement the respondents agreed to occupy and use the premises for the purpose of operating a restaurant.

Mr Kunda however claimed that contrary to what was agreed, the defendants refused to settle the monthly rent amounting to K133, 396.03 and KK5, 581.31 in respect of utility charges.

“It was an express term of the said agreement that the respondent would throughout the term of its occupation and use of the premises be liable to pay an agreed monthly rental expenses, marketing fund and utility charges.

“Not withstanding the respondent having taken occupation and use of the premises, it refused, neglected and ignored its obligation to pay the agreed monthly rental, property expenses, marketing fund and utility charges,” Mr Kunda stated

He claimed that as a result of the respondent’s failure to observe its financial obligations the applicant wrote a series of letters to the respondent demanding payment of the rental arrears.

Mr Kunda stated that despite the applicant’s demands for payment, the respondents had unjustifiably refused, failed or neglected to pay the money they owe.