By GRACE CHAILE LESOETSA
ROBUST Trailers and Bodies Limited have been granted an exparte order for an interim injunction stopping Professor Nkandu Luo from going ahead with the sale of its goods seized after non payment of rentals.
This is in a matter where the company have sued Prof Luo in her capacity as Tasinta programme board chairperson asking the Lusaka High Court to grant it the order for stay of sale of its goods seized by her.
“It is hereby ordered that an order of interim injunction be and is hereby granted,” ordered Judge Mwaka Mikalile.
“Penal notice: And you the respondent named herein are notified that should you or any of your servants or agents disobey this order you shall be liable to committal proceedings for contempt. The applicant hereby undertakes to indemnify the respondent for any loss and expenses that the respondent may incur as a consequence of this order should the court later hold otherwise,” ordered Ms Justice Mikalile.
Robust Trailer seeks a stay of sale and return of goods seized in distress pending determination of the matter through arbitration.
Company managing director Christmas Ngoma in his statement of claim stated that his company and Tasinta entered into a lease agreement in respect of stand no.1638/2716, Malambo Road, Lusaka at an agreed rent of K15, 000 per month payable in three months in advance on December 1, 2011 for a period of five years.
However, the Tasinta board chairperson in a letter dated October 14, last year indicated to Robust Trailers that she was signing up new tenants.
Robust Trailers claims that it was at this point that the respondent started to frustrate the lease agreement.
It stated that it intimated to Prof Luo that the premises were ideal for the company’s business operation.
The applicant claims that rentals were increased from K15, 000 to K25, 000.
Robust Trailers stated that on January 11, this year, it made a payment of K67, 500 through a bank transfer. But, Prof Luo issued a notice of vacation on January 26 indicating that it owed an outstanding sum of K113, 700, therefore should vacate the premises immediately
It was shocked when on September 21, 2021, a warrant of distress was issued by Tasinta.
The company has disputed that claim of K113, 700 stating that it owes the respondent only K46, 000.
Mr Ngoma stated that clause 4 (f) of the said lease agreement states that any dispute were to arise, would be referred for arbitration.
