Levy Mwanawasa firm agrees to pay NV Alterra US$100,000
LEVY Mwanawasa and Company law firm has agreed to pay a Belgian-based company, NV Alterra, a sum of US$100,000.
In 2021, Messrs. Levy Mwanawasa and Company, which is run by former First Lady, Dr. Maureen Mwanawasa, was ordered by the Lusaka High Court to pay more than $58,000 to its client NV Alterra, money the law firm received on its behalf but never transferred to the latter.
According to a consent order dated April 19, 2024, filed into the High Court, the law firm has agreed to pay US$100, 000 to NV Alterra as full and final settlement of the reliefs granted to the latter in the order dated December 13, 2021.
“That the sum of US$ 50,000 (first instalment) shall be paid to the plaintiff upon execution of the consent order.That therefore ,the defendant shall be at liberty to liquidate the balance of US$ 50,000 in three equal monthly installments effective June 30,2024 ( second installment) and that the remaining installments shall be paid on or before July 31 ,2024 (third installment) and the final and third installment shall be paid on or before August 30,2024 (fourth instalment ),” read the consent order.
The parties also agreed that the walking possession levied on the law firm’s household goods on March 15,2024, shall remain in force until the US$100,000 is paid in full.
In this matter, NV Alterra commenced action in the High Court demanding for immediate payment of US$58,000 and damages for loss of business in the amount of US$2, 000 monthly from date of receipt of money in May 2020, to compensate it for financial loss.
In a statement of claim, it stated that it engaged the law firm to represent the company in a matter under cause no. 2015/HPC/0254.
NV Alterra stated that in a judgment dated August 30, 2017 it was awarded by the court to be paid by defendants under cause 2015/HPC/0254 in the sum of US$45, 690. 00 less
K1, 300 plus the interest of five percent per annum from the date of the writ up to the date of the full payment.
However, the defendants under the said matter failed to comply with the judgment and upon seeing the failure to be paid its entitlement as per judgment, NV Alterra commenced a matter under cause no 2018/HP/2134 using Dr Mwanawasa and her firm to charge and sell stand no. LUS /10426, Lusaka at the time owned by the second and third defendants under cause no 2015/HPC//0254.
It stated that by a charging order absolute dated November 7, 2018 wherein it was ordered that the amount due to it on a judgment of the High Court dated August 30, 2017 and interest at five percent per annum from the date of the writ of summons be charged on stand Number LUS/10426 Lusaka.
And the said stand was sold to Mohammed Badat and Ahmed Gulam Hussein for K1, 925, 000.00 and the money transferred to Dr Mwanawasa’s firm account, an amount including five percent interest amounting to US$58. 891.00.
NV Alterra stated that despite Dr Mwanawasa receiving the US$58. 891.00, she had to the filing of the writ refused or neglected to transfer the amount despite making promises of doing so to the Belgium-based company.