Insurance firm sues Kafwaya over vehicle
By GRACE CHAILE-LESOETSA
TRANSPORT and Communication minister Mutotwe Kafwaya, has been sued by an insurance company for allegedly refusing to hand back a Hino Truck after being compensated K428, 000.
Swan General Insurance Company Zambia Limited now wants the Lusaka High Court to declare that it is entitled to the motor vehicle, a Hino truck registration number ABZ 587.
It wants the court to order Mr Kafwaya to surrender the motor vehicle.
The insurance company is also seeking damages for loss of use of the motor vehicle, interest and costs.
In a statement of claim filed in court on Monday, Swan stated the Mr Kafwaya trading as Nsansamina Enterprises in December 2017 , commenced legal proceedings in the Lusaka High Court against the insurance company.
It stated that Mr Kafwaya was claiming payment of K170,000 for reimbursement under the comprehensive motor vehicle insurance policy.
The policy was taken out on Hino truck registration ABZ 5827 which was involved in an accident on March 22, 2016 in South Africa ; and an order for payment of K1,100,000 for loss of business earnings.
It stated that the court ruling dated January 11, 2019 found that the insurance company was liable to indemnify Mr Kafwaya against any loss and or damage to the motor vehicle.
As directed by the court, the Registrar awarded Mr Kafwaya K156, 000 as total reimbursement of motor vehicle and K272,658as damages for loss of business among other relief.
However, the parties obtained a consent judgement where it was agreed that Mr Kafwaya be paid K428,000 as full and final settlement of all claims.
The insurance company claims it paid the amount and requested on April 28, last year that Mr Kafwaya surrenders the motor vehicle.
It stated that on May 22, last year the Minister refused to accede to the demand and argued that the judgement and consent did not state that he does so.