PAC president sues for K300, 000 refund after failed contract

PEOPLE'S Allinace for Change (PAC) president Andyford Banda has sued a Lusaka business woman seeking a refund of over K300,000 paid to her after a cancelled contract of sale with respect to a subdivision of stand 2613/177 Livingstone.

Mr Banda is also seeking interest there on, costs and any other relief the court may deem fit.

In a statement of claim filed in the Lusaka High Court, Mr Banda sued Ms Bridget Zulu a registered owner of plot 2613/177 situated in Livingstone.

Mr Banda stated that he and Ms Zulu entered into contract of sale on November 29 , 2019 and was sold subdivision of plot 2613/177 , comprising a semi detached housing unit at a consideration of K700, 000.

Mr Banda stated that prior to the execution of the contract of sale between the parties, the defendant (Ms Zulu) borrowed monies from FINCA and had lodged the certificate of title with respect to plot 2613/177 with the said lending institution.

According to the special conditions attached to the contract , Mr Banda was to pay the K700, 000 in installments.

" The sum of K210, 000 to FINCA as part of settlement of the purchase price of the property sold to the plaintiff. The sum of K31.500.00 to be paid prior to execution of the contract of sale. The. Sum of K458, 500.00 to be paid in four equal instalments of K114, 625.00 commencing on 4th December 2019 and ending on 10th March 2020," he stated.

Mr Banda said of the payment of K210, 000 due to FINCA, he paid K115,000 prior to execution of contracts leaving a balance of K95, 000.

He also paid Ms Zulu K31, 500 towards the purchase price prior to execution of contract.

He was however unable to settle K95, 000 to FINCA and the instalment of K114, 625 when it fell due.

Mr Banda stated that on February 28, this year, he had paid Ms Zulu K278, 000 leaving a balance of K422, 000 of the purchase price.

He said they agreed to vary the contract of sale by allowing him to settle the balance of the purchase price by payment of K50, 000 to Ms Zulu on February 28, this year.

And also three payments each of K25, 000 to be settled on March 4, 6 and 15 , 2020.

He was also required to pay the balance of K322, 000 to be paid in four equal instalments of K80, 500 commencing on March 15 and ending June 15, 2020.

Mr Banda said it was a term of the revised agreement between the parties that Ms Zulu would ensure that she paid the full amount due to FINCA in order to unencumber the title deeds with respect to the property.