THE Lusaka High Court has ordered Enoch Kavindele and his son Enoch Jr to pay in three instalments a US$45,000 debt owed to an Oslo-based couple arising from an improperly executed land deal.
In this matter, Jolly Mondoka, who was represented by DM Sichombo Legal Practitioners, sued Kavindele, his son and X Models and Media Zambia Limited.
Kavindele was sued in his capacity as majority shareholder of Bauleni Horticultural Farm Limited, while his son was sued as chief executive officer and founder of X Models and Media Zambia Limited.
In a judgment in default of appearance and defence entered by a deputy High Court registrar on September 8, the Kavindeles were ordered to pay the Mondokas the US$45,000, damages for breach of contract, damages for loss of business and interest at the current bank lending rate until the date of final settlement.
But the Kavindeles applied for a stay of execution of the judgment, an application which the court granted.
Ruling on the application for a stay of execution, High Court judge Nigel Mutuna ordered that the first installment of US$10,000 be paid on or before the last working day of September 2015.
Judge Mutuna also ordered that the second installment of US$20,000 be paid on or before the last working day of October 2015 while the last one of US$15,000 was to be paid on or before the last working day of November 2015.
“I further order that interest that has accrued be settled with the last installment. And that should there be default in payment of any one installment, the amount remaining to be paid will be due and payable immediately. As such, the stay of execution will be set,” he ordered.
Judge Mutuna warned that there would be no further stay of the execution provided.
Mondoka, a businessman and chief executive officer of Mondoka Global Source Supplies, a company registered in Oslo, Norway, stated in his claim filed in the High Court that he, together with his wife, Cecilie Giortz, had on December 27, 2010 agreed to transact with the Kavindeles over subdivision of Farm 10607/M, which the latter had offered at US$32,000.
The parties ultimately agreed to transact over a three-acre piece of land based on the Kavindeles final offer of US$45,000.
Mondoka submitted that the Kavindeles did not at the time of receiving payment, disclose that the said three-acre piece of land was actually owned by Bauleni Horticultural Farm Limited and that it was covered by a notice of intention not to re-enter and could therefore, not be offered for sale.
The plaintiff and his spouse had communicated to the defendants on numerous times since 2012 via electronic mails [emails] and other modes their desire for conclusion of the transaction or refund of the US$45,000.
According to the statement, the defendants breached the contract by failing completely to honour, fulfill and perform their part of the December 27, 2010 agreement and had made no efforts to make amends or refund the US$45,000.