Maravi

Carnival Furnishers sues Changwe over K8m debt

Carnival Furnishers sues Changwe over K8m debt
By Maluba Jere
Tue 07 Sep. 2010, 11:20 CAT

CARNIVAL Furnishers has dragged gender deputy minister Lucy Changwe to court for failing to pay about K8 million for furniture she got on hire purchase.

According to an affidavit in support of default writ of summons, Carnival Furnishers Manda Hill branch manager Edward Tembo stated that at the commencement of the court action, Changwe was and still truly and justly indebted to Carnival Furnishers in the sum of K8,039,058.86 as at May 31, 2010.

Tembo stated that the right ownership of the goods supplied and delivered by Carnival to Changwe, will only pass to her upon full payment or settlement of all the sums payable by her in terms of the said hire purchase agreement entered into.

He explained that Carnival Furnishers reserved the right to reposes and sell or dispose of the goods supplied and delivered to Changwe to satisfy the outstanding debt in full or in part and defray incidental costs and expenses.

Tembo averred that despite repeated demands both verbally and in writing by a demand letter dated June, 9, 2010, Changwe has refused, failed and or neglected to settle the outstanding debt.

He claims that Changwe has no bonafide defence at law or at will to Carnival Furnishers’ claim, saying judgment should be entered against her over the said debt.

And court records indicate that Changwe was on June 29, 2010 served with the summons stating that “judgment may be obtained against you and enforced without further notice unless within 15 days of the service of this summons, inclusive of the day of service, you pay the total amount of the claim and costs to the plaintiff or his solicitors send to court, with a copy for the plaintiff or his solicitors on admission, defence or counter claim for which the attached form should be used.”

And in a notice for entry of judgment, Lusaka senior resident magistrate David Simusamba on August 9, 2010 ordered Changwe to pay Carnival Furnishers the money she owes plus interest at the current bank rates.

“Take notice that judgment was entered on the 9th day of August 2010 in favour of the plaintiff Carnival Furnishers in the sum of K8,039.058.86 which interest thereon at current bank lending rates from the 31st May 2010 until full payment and K3,810,000.00 being in respect of costs of the action herein,” stated magistrate Simusamba.

Labels: EDWARD TEMBO, LUCY CHANGWE

posted by MrK @ 4:22 PM