By Agness Changala
MMD president Dr Nevers Mumba has been sued for failing to complete and transfer a property he sold to a Lusaka resident in 2019.
In this case, Oliver Scott, a Zambian, is seeking an order for specific performance of the contract of sale dated September 6, 2018 being the transfer, assignment and vacation of the possession of the property situated in Lusaka’s Ibex Hill.
Scott, a Zambian resident, has stated that Dr Mumba was the registered owner of property known LUS/38497.
He stated that in 2018, he entered into an agreement with Dr Mumba for the sale to him of the property at the purchase price of US$70,000.
Scott stated that a contract of sale and assignment were accordingly executed between the parties upon full payment of US$70,000 paid to Dr Mumba.
He stated that by virtue of the said contract of sale, the date fixed for obtaining the State’s consent to assign was two weeks from date of exchange of contracts.
Scott stated that it was further agreed that the completion of the sale of the said property was within four weeks of exchange of contracts and that Dr Mumba would have an option to repurchase the said property within 60 days from the date of execution of the contract of sale.
He stated that it is now over two years since the said property was purchased and Dr Mumba has to date failed to complete and transfer the said property to him despite numerous reminders.
Scott stated that in 2019, with Dr Mumba’s full knowledge and consent, the plaintiff began to formerly process the transfer of the said property and obtained consent to assign in November 4, 2019.
He stated that it was subsequently brought to Dr Mumba’s attention by a letter dated November 26, 2019, authorised by the acting Commissioner of Lands, addressed to him and copied to the plaintiff, that the State consent to assign had been withdrawn following the defendant’s allegations of suspected fraudulent activities against the plaintiff.
“By letter dated December 10, 2019, addressed to the Commissioner of Lands, the plaintiff informed the acting Commissioner of Lands of the accurate position regarding the said land having in good faith paid the full purchase price to the defendant of the said property,” he stated.
Scott added that to date, Dr Mumba has and continues not only enjoy the full benefit of the said property but also the funds paid to him to the the plaintiff’s detriment.
He stated that Dr Mumba has continued to subvert the plaintiff’s efforts in exercising his right over the property which was duly purchased from him.
“It is now nearly three years since the contract of sale was executed and a full purchase price paid to the defendant who has despite several reminders failed and neglected to complete the sale contrary to special conditions 3, 4 and 12 of the said contract of sale,” he said.
Scott stated further that he has been at material times been ready and willing to fulfill all its obligations under the said agreement.
He stated that by reason of the defendant’s breach, he has suffered loss and damage.
Scott is also claiming costs and any other relief that the court might deem fit.