Court NewsHeadline NewsPolitics

Scott wants $70,000 from Nevers Mumba

By GRACE CHAILE LESOETSA

A LUSAKA resident, Oliver Scott, has opposed an application by Dr Nevers Mumba to have the matter in which he sued him over a property worth US$70, 000 dismissed for want of prosecution.

Mr Scott has submitted to the Lusaka High Court that he was desirous to further prosecute the case.

In this matter, Mr Scott commenced action against Movement for Multi-party Democracy (MMD) president Dr Mumba for failure to complete and transfer a property which he sold at US$70,000 to him.

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.

Dr. Mumba in February, 2021, repaid the US$70, 000 and counterclaiming a declaration that the unsubstantiated documentation for sale of his land are null and void. 

He then applied that the matter be dismissed for want of prosecution by the plaintiff.

However, according to an affidavit in support of summons for an order to dismiss the matter for want of prosecution, Mr Scott’s lawyer Mwaba Mulenga of Thandwe Legal Practitioners said the delay in prosecuting the matter was not intentional.

Mr Mulenga explained that the delay in serving the defendant’s lawyers with the orders for direction for trial issued on July 8, 2021 was hit with Covid-19, thus the chambers were closed for a period exceeding two weeks.

He said that upon return to normal working hours, Dr Mumba’s advocates were served with the orders for direction for trial albeit out of time and other court documents on November 23, 2021.

He said that inspire of attempts made to try and comply with the orders by carrying out discovery and inspection, Dr. Mumba’s lawyers never responded to any of the correspondences.

“That I verily believe that the delay in the prosecution of the matter herein has not resulted in an inordinate delay to result in the matter being dismissed for want of prosecution and that the matter herein should be heard on merit so as to avoid an injustice and the plaintiff being severally prejudiced,” Mr Musonda submitted.

Author

Related Articles

Back to top button