By CHINTU MALAMBO
LUSAKA Businessman Capson Mwanza says the court should hear his claims against Lusaka District Commissioner Maximo Kankomba from whom he is demanding over K300, 000 compensation for a tipper truck.
He said Kankomba’s application to have the case dismissed for irregularity is misconceived and misleading.
In this matter Mr Mwanza has sued Mr Kankomba in the Lusaka High Court demanding payment of K380,000 as damages for loss of business for causing his tipper truck to be forfeited when the DC defaulted to pay interest for a loan.
Earlier, in a his statement of claim Mr Mwanza stated that Maximo on July 6 2019 in his company went to see a money lender who gave him conditions that he provides a collateral but Maximo had no property at the time, as he was only five months from his appointment as DC.
Mwanza said he was engaged in the Transport Industry and had a Tipper truck which he used to supply sand and was making not less than K2,000 per day.
He contended that Mr Kankomba asked him if he could use the Tipper truck as collateral for him to borrow the sum of K80,000 which was supposed to be paid back within a month time, and being a family friend to Maximo, Mwanza agreed to the request that his Tipper Truck be used as collateral.
Mwanza said after a month, he reminded Mr Kankomba of the expiry date of the period in which to pay back the money lender so that he could get back his Tipper Truck, but Maximo told him to forget about the Tipper Truck as he was going to pay him the price value of the said truck which was at the time valued at the K110, 000 but now valued at K190, 000.
But in an Affidavit in support of summons to dismiss action on point of law Mr Kankomba said the law suit by Mwanza should be thrown out for being irregular.
He stated that Mr Mwanza was claiming liquidated damages in the sum of K380, 000 which was irregular and against the law.
“Claims for damages can never be claimed on a quantified basis in accordance with the law as this is the preserve of the Court on assessment in case of success.
This process initiated by the Plaintiff (Mwanza) is irregular as it offends the law and the relief seeking liquidated damages must be struck out from the pleadings for irregularity,” Maximo said.
By CHINTU MALAMBO