Handyman’s Paradise sued over cement

Sat, 22 Jul 2017 10:43:07 +0000

By CHINTU MALAMBO

A DISSATISFIED customer has dragged Handyman’s Paradise to court demanding K47, 500.00 for negligent misrepresentation on the use of Wallcrete Cement.

In a statement of claims filed in the Lusaka High Court principal registry, Mr Mumba Chilabwe Lwamba charged that he was at all times a customer of Handyman’s Paradise.

Mr Lwamba charged that on 27th February 2015, he entered the defendant’s shop on Great East Road with the intention to buy Mphavu Cement for plastering his houses and that the defendant’s employee orally recommended that he should instead buy the Wallcrete Cement as it was cheaper and ideal for plastering.

“On the 27th of February 2015, I entered the Handyman’s Paradise along Great East Road because I wanted to buy Mphavu Cement for plastering my houses. The defendant’s agent orally recommended that I should instead buy Wallcrete Cement as it was cheaper and ideal,” he said.

He claimed that the defendant’s agent prescribed the mixing procedure of the Wallcrete and that he relied on the instructions as advised by the said agent.

Mr Lwamba said that around May 2015, he finished plastering his properties using the recommended Wallcrete and mixing procedure as advised.

He however, said that upon completing the plastering, the plastering started peeling off and damaged the walls to the plaintiff’s properties.

Mr Lwamba charged that the defendant was negligent in that it failed to exercise any or proper care in ascertaining whether or not the prescribed quantity of mixing the Wallcrete was ideal for plastering,”

“The defendant’s representation was false and made negligently or was made in breach of the duty of care owed to him, whereby he has suffered loss and damage as a result of the wrong prescription on the prescribed quantity of mixing the WallCrete cement and failure to ascertain whether it was ideal for plastering,” he said.

He said that upon registering his complaint to the defendant, he was supplied with 30 bags of Dangote Cement and that the defendant promised to supply him with 30 bags of Rhinolite which it has failed or neglected to provide and supply to him.

And now Mr Lwamba seeks for the court’s order, compelling the defendant to deliver the 30 bags of Rhinolite and damages for negligent misinterpretation.

He also claims for damages for loss suffered by the plaintiff for non-use and occupation of the properties amounting to K3,000.00 per month since November 2016 to date, special damages of K45,500.00, interest on the sums due, costs and any other relief that the court may deem fit.