Lawyer, firm sued over K2.5 million debt

LUSAKA lawyer Mutemwa Mutemwa and his law firm have been dragged to the High Court for allegedly failing to pay K2, 509,405.12 for security services provided by Mercury Security Services since 2013.

This is according to a statement of claim filed in the Lusaka High Court by Jackson Simpungwe and his company Global Human Rights and Labour Consultants.

Mr Simpungwe says on or about November 12, 2013 Mr Mutemwa and his law firm entered and signed the contract with the plaintiffs’ principals Mercury Security Services for the hiring of officers to provide guarding services and agreed to be paying the plaintiffs’ principals sum of K6, 000 per month.

He said the defendants were to pay 15 percent on all payments made 10 days later than the due date of each month as penalty fee. “The defendants, after receiving services from the plaintiffs’ principals decided to dishonor their obligation and have not paid the plaintiffs’ principals any single coin which and as a result of accumulation the amount in default now stands at K2,509, 405.12 as at 11th August, 2019 before VAT.

“The defendants have been making empty promises since inception and the same led to Mercury Security Services to engage the plaintiffs who have been in touch and pursuing the defendants but only to be receiving empty promises from the defendants for over one year six months,” Mr. Simpungwe said.

He said the plaintiffs’ efforts have been in vain as the defendants have not considered paying dues to be their priority.

“The plaintiffs and their principals are heavily inconvenienced due to the defendants’ action. The defendants are liable to pay damages for breach of contract and depriving plaintiffs and their principals to use their hard labored for money and contributing to put their business down as a result of the defendants’ deliberate failure to honour what is contained in the contract,” Mr. Simpungwe said. He is claiming among others damages for breach of contract, an order to compel the defendants to immediately pay the K2, 509,405.12 on or before September 10, 2019, damages for inconvenience and trauma suffered by the plaintiffs and their principals.