Law firm sued over loss of certificate of tile
FORMER Zambia Red Cross Secretary General Charles Mushitu has sued Milner and Paul Legal Practitioners, demanding damages for loss of his original certificate of title for a property located in New Kasama.
Mr Mushitu alleged that he handed over the certificate to the law firm as security for costs.
He is claiming damages for loss of his original certificate of title number 96965 by the defendant in respect of stand nom LUS/31326.
He wants an order compelling Milner and Paul Legal Practitioners to meet all costs associated with acquisition of a duplicate of the lost certificate of title and interest on any amount found due including costs.
In a statement of claim, Mr Mushitu stated that in March 2012, he engaged Milner and Paul Legal Practitioners to defend him in a criminal matter where he was charged with theft and money laundering before Mwaka Mikalile in the Lusaka Magistrate court.
He stated he was acquitted on November 6, 2013.
He said that he delayed to pay the firm the outstanding legal fees amounting to K300,707,50.
Mr Mushitu stated that the firm wrote a letter dated October 22, 2014 demanding payment of the outstanding fees or in the alternative favour the firm with security for costs in immovable property in form of certificate of title.
He said he handed over the certificate and the agreement was that once the full amount of outstanding legal fees was paid, the law firm would hand over the certificate of title immediately.
“Desirous to settle the outstanding fees in full, on or about 22 April , this year, the plaintiff secured some money from an external financier, through Messrs GM Legal Practioners, a law firm, and requested the defendant to surrender the certificate of title to the plaintiff upon which the full amount of K283,000 would be paid,” he said.
Mr Mushitu stated that Milner and Paul Legal Practitioners have refused to surrender the certificate of title in the manner it was given in 2015 despite several reminders.
“The loss of the certificate of title, which was in legal custody of the defendant is a gross act of negligence on the part of the defendant as the defendant owed a legal duty of care to the plaintiff which the defendant breached,” he stated.