By GRACE CHAILE-LESOETSA
MMD president Nevers Mumba has now repaid the US$70,000 loan to Lusaka businessman Oliver Scott who alleges to have paid the former for the purchase of land located in Ibex Hill in Lusaka.
Mr Scott claims Dr Mumba failed to complete and transfer the said property to him.
This is according to a Notice of payment filed by Dr Mumba into the Lusaka High court.
And Dr Mumba is also counterclaiming a declaration that the unsubstantiated documentation for sale of his land are null and void.
He wants an order compelling Mr Scott to accept payment of the money and an order preventing him from charging penalty and compound interest.
“Take notice that the defendant in these proceedings paid into court the sum of US$70,000 the kwacha equivalent of which is K1,494,458 as at February 12,2021 by way of bank transfer into the High Court clients account number 0060417125017 held at Atlas Mara limited Longacres branch,” the notice of payment
“The transaction reference number is OT2143ZM014582(copy of proof of payment is attached.) The payment is with regard to the plaintiff’s claim hence the plaintiff is at liberty to withdraw the kwacha equivalent of the sum paid into court only on condition that it is accepted as full and final settlement of the claim,” further read the notice of payment.
This is a matter where Mr Oliver Scott has sued Dr Mumba in the Lusaka High Court for failure to complete and transfer a property which he sold at US$70, 000 to the plaintiff.
Mr Scott is seeking an order for specific performance of the contract of sale dated September 6, 2018 being the transfer, assignment and vacate the possession of property LUS/38497 in Ibex Hill, Lusaka.
He stated that it is now over two years since the said property was bought and Dr Mumba has to date failed to complete and transfer the said property to him despite numerous reminders.
But the MMD leader Mumba has described claims by Mr Scott that he has failed to complete and transfer a property which he sold at US$70, 000 as a lie aimed at extorting money from him.
Dr Mumba said he has on several occasions since 2019 requested for Mr Scott’s banking details so that he can pay the money but the plaintiff has refused to provide the same.
Dr Mumba said he discovered that Mr Scott was trying to surreptitiously lodge the contract at Ministry of Lands and was trying to change ownership of his property into his own name.
Dr Mumba wants an order that the attempts by the plaintiff to arm-twist him into paying more than the agreed date repayment of UD$70,000 and attempts to enforce the purported contract of sale as a way of getting the defendant to do what the plaintiff wishes is extortion and fraud.
He also wants a permanent injunction preventing Mr Scott and his agents from alleging to have bought his land and lodging any documents concerning the same at ministry of lands or in any way interfering with ownership of the property and his quiet enjoyment.
