Energy Board sues Luapula Energy Limited seeking payment of K244,000 for contractual breaches


The Energy Regulation Board (ERB) has sued the Luapula Energy Limited seeking an order for payment of more than K244, 000.00.

ERB wants the Lusaka High Court to order Luapula Energy Limited to pay it costs of and incidental to the proceedings and any other relief as the court may deem fit.

In a statement of claim filed in the Lusaka High Court principal registry, ERB stated that it was at all material times a statutory body established under the Energy Regulation Act No 12 of 2019.

ERB stated that the Luapula Energy Limited was a company incorporated under the Laws of Zambia having its registered address at Plot No 21622, Hilview in Lusaka and was at all material times a licensee of the plaintiff .

It also stated that on January 31, 2022, the defendant entered into a Time to Pay Agreement in the sum of K324, 909. 35 for purposes of liquidating the outstanding licence fees and charges owed to ERB.

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“The plaintiff will aver at trial that it was a term of the Time to Pay Agreement that the defendant was to liquidate the outstanding fees in three equal installments the last payment which was to be made month end of April, 2022,” It stated.

ERB disclosed that it was a term of the said agreement that it reserved the right to suspend a specific licence in the event that the defendant defaulted to discharge their obligations as per agreement Licensee of the plaintiff.

It further stated that the defendants’ outstanding arrears currently stand at K244, 258.43 and has since defaulted on the payments as per the time to pay agreement.

ERB submitted that despite several written reminders made to Luapula Energy Limited to honour the outstanding arrears, the defendant has failed to or wilfully neglects to do so.

“As a result the defendant has deprived the government of the Republic of Zambia through the plaintiff an opportunity to reinvest the money and improve services in the energy sector and to the public at large,” ERB stated.

ERB stated that it has as a result suffered inconvenience, loss and damage.

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