LUSAKA High Court Judge Gaudentia Salasini has ordered jailed former Kabushi law maker Bowman Lusambo to pay K375,000 to Isoka Member of Parliament, Marjorie Nakaponda, an amount she paid him for the purchase of a house in Silverest area.
This was after she asked the court to enter judgement in default of appearance and defence against Lusambo.
The lawmaker had sued Lusambo demanding an order for the recovery of K375,000 which she paid for the house in Silverest area, Chongwe.
Nakaponda said the purchase price of the said house was K600,000 as agreed upon by both parties.
She submitted that in pursuance of the said contract, she made payments to the defendant amounting to K375 ,000.
In a statement of claim, Nakaponda wanted damages for breach of contract and interest on the claimed money.
She said she suffered financial loss and emotional distress due to the dishonest conduct of Lusambo
“On or about June 2024, the contacted the defendant that she was ready to clear the balance of the purchase price so that she could obtain vacant possession of the property. The defendant responded that he would collect the money within a week or so,” read the document.
Nakaponda said she was surprised when Lusambo suddenly stopped picking her calls and avoided all manner of communication.
As a consequence, the law maker on October 14, 2024 issued a demand letter seeking a refund of the sums paid to Lusambo.
However, Lusambo failed and neglected to pay back the money despite several reminders.
In rendering Judgement in default of appearance and defence, the court said Lusambo did not file a memorandum of appearance not defence, and the time for service prescribed expired.
“The defendant having not filed memorandum of appearance not defence, and the time for service as prescribed having expired and the defendant being in default, it is hereby adjudged that the plaintiff do recover against the defendant the following,” he ruled.
Judge Salasini ordered payment of the sum of K375,000 to the plaintiff as monies due under the debt acknowledgment and settlement agreement.
“Damages for breach of contract to be assessed by by the registrar. Costs of and incidental to these proceedings and
Any other relief that the court may deem fit,” read the document.
