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The Embassy of the Republic of Angola has been taken to court by a South Africa–based Zambian property owner over alleged non-payment of rental arrears amounting to about US$24,000 for premises previously occupied in Olympia, Lusaka.
According to documents filed before the Lusaka High Court, Sitali Konoso, who resides in Johannesburg, is suing the Angolan Embassy for what he says is its prolonged failure to settle outstanding rentals and repair costs for the property.
In an affidavit supporting an ex parte summons, Konoso said he is the legal owner of property No. F/441A/286 in Lusaka, which had been leased to the embassy.
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He stated that the claim included unpaid rentals totalling US$24,400 and repair costs amounting to K144,637.50.
“The intended defendant has never denied my claims,” Konoso said in the affidavit.
He added that the embassy now operates from Plot No. 6660, Mumana Road in Lusaka’s Katima Mulilo area.
Konoso further explained that he was seeking the court’s permission to issue and serve court process outside the jurisdiction, as required when instituting legal action against a diplomatic mission.
His lawyers, Mulenga Mundashi Legal Practitioners, advised that despite embassies operating physically within Zambia, they are considered to be outside the court’s jurisdiction for the purposes of service.
He argued that his intended claim was valid because it sought to enforce a lease agreement between himself and the embassy.
The application has been brought under Order 10 Rule 15(e)(iii) of the High Court Rules, which permits service outside jurisdiction in matters involving enforcement of contracts.
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