MUTINTA MULEYA writes
THE Boma Local Court has ordered a businessman of Lusaka’s Ng’ombe Township to refund a man of Chongwe K4, 000 owed to him.
This was a case in which Emmanuel Sakala took Jones Bwalya to court for refund of the money he was supposed to buy a plot.
Sakala told senior local court magistrate Gastone Kalala that he was supposed to buy a plot from Bwalya but things did not go as planned.
“Last year in September, I was looking for a plot to buy for which I could pay in installments. I went to Chongwe and found Bwalya who was selling a plot at K18, 500,
“I only had a K4, 000 at the time so I talked to him for that to be the first installment. We had a bit of a disagreement because he wanted the whole amount but we finally agreed,” said Sakala
He said Bwalya wanted him to pay K12, 000 as the second installment but they discuss and both agreed that the second installment should be half of the remaining K14, 500.
“I talked to him and explained that I would pay later because I wasn’t doing anything. We agreed that I would pay by 30th June but I was surprised that on 12th April he called me telling me the time he had given me had elapsed,
“I saw that I had no power because the plot is his. I asked him to refund me and sell it but he said he would give me the money when he so wishes. He even said if he wishes, he won’t refund me because I was treating him like a thief,” Mr Sakala said.
In defence, Bwalya said even after they agreed for half of the K14, 500 to be paid, Sakala asked for six months in which he still did not pay.
“The six months passed including the grace period I gave him. He started asking me when he should come and get his money and I told him I needed to sell the plot first,
“I’m not refusing to pay him the money. He was threatening me and I refused to sign the papers he brought me at first and I told him to do what he wanted,” Bwalya said.
Both agreed for the money to be refunded and Magistrate Kalala ordered Bwalya to refund Sakala in monthly installments of K800 until the full amount was paid.