By GRACE CHAILE LESOETSA
THE Lusaka High Court has entered default judgement in favour of Absa Bank against “fugitive” Pamela Gondwe in a matter where it sued her for non-payment of a housing loan facility amounting to over K200, 000.
Judge Lameck Mwale in his extempore judgement said he was satisfied that Ms Gondwe was properly served with the originating process but she had neglected to enter appearance nor file any documents opposing the lawsuit.
Absa had served court documents through substituted service or rather through a newspaper advert after it failed to locate the respondent.
“I find that the applicant has proved its claim against the respondent on a balance of probabilities and I accordingly enter judgement in favour of the applicant against the respondents in the sum of K271, 102.62,” he said.
“The said judgement sum shall attract interest at the contractual rate from date of originating summons to date of judgement, thereafter at the current bank lending rate as determined by the Bank of Zambia till date of payment,” he said.
Justice Mwale ordered that Absa was at liberty to take possession and sale the mortgaged property being subdivision no.2260 of Lot no. 1052/M Lusaka should Ms Gondwe fail to pay the judgement sum plus interest within 45 days.
Absa formerly Barclays Bank stated in its claim that it entered into a staff loan facility agreement with its former employee, Ms Gondwe.
It agreed to advance to the respondent a housing loan facility in the sum of K240, 000 together with interest.
However, Ms Gondwe had defaulted despite several reminders and was owing Absa K271, 102.64.
It was therefore demanding the payment of the said amount or alternatively an order for foreclosure, possession, and sale of subdivision no.2260 of Lot no. 1052/M, Lusaka secured by the mortgage deed dated May 5, 2021.
According to the term of the facility agreement, Absa would liquidate the advance sum together with interest 240 consecutive monthly instalments spanning a period of 20 years until June 21, 2030.
