By 
Former Ministry of Defence and Security Permanent Secretary, Stardy Mwale, has launched a counter-lawsuit demanding specific performance and damages over a disputed K2.5 million property transaction.
In his defence and counterclaim filed in court, Mwale argued that the contract of sale dated April 20, 2017, was based on mutual obligations between both parties. He claimed that he took possession of the property after paying a significant portion of the purchase price, in line with the agreement.
Mwale asserted that, as acknowledgment of the partial payment, Celine Meena Nair voluntarily handed over the certificate of title for Stand No. 20440 in Lusaka.
Read More: Court hears of Lusambo’s rise from spare parts dealer to MMD die-hard campaign figure
He maintained that under the express terms of the contract, Nair, who was former KCM provisional liquidator was responsible for obtaining state consent or any other required license to assign the property before he could be expected to settle the balance of the purchase price. Mwale alleged that Nair failed to provide the necessary documentation, and as a result, he was not legally obligated to pay the remaining amount.
He denied all allegations in Nair’s original statement of claim and insisted that she had breached the contract by not fulfilling her obligations. Mwale stated that her failure to secure the necessary approvals had caused him financial loss and damage.
In his counterclaim, Mwale is seeking an order for specific performance of the contract dated April 20, 2017, damages for breach of contract, interest on any amounts found due at the prevailing commercial bank lending rate, and legal costs.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments