Banda v Lungu (CRMP 368 of 2017) [2017] ZMSUB 18 (3 May 2017)

IN THE SUBORDINATE COURT OF THE SECOND CLASS 2017/CRMP/368 FOR THE LUSAKA DISTRICT HOLDEN AT LUSAKA (CIVIL JURISDICTIQ BETWEEN: EDWARD AND PATRICK LUNGU PLAINTIFF DEFENDANT JUDGMENT In this matter the plaintiff claimed the sum of K5, 000.00 from defendant being monies for the balance for the purchase price of a plot with interest at the current bank lending rate and costs thereof I must state from the outset that in civil matters the proof is on balance of probabilities. end. effect defendant had proposed by parties. installments However, the judgment from May, of the claim on Form 20. Defendant sum in monthly 2017 month twice When the matter came up for hearing it had already an admission by defendant to of K700. 00 liquidate with no was evidence appearance affidavit proposed between the take 6 months installments 2 months to had already installments had built a house on the said plot and that the debt balance 2015. been replied substantiating that he was not in formal employment and that he only sales Mongu rice which earns him not more than K1, 500.00 per month. but contested as defendant Plaintiff were unrealistic of K2, 500.00 especially that defendant that would his position outstanding Plaintiff defendant liquidate judgment However, proposed since there with sum. the There was affidavits no by appearance of service filed by defendant twice plaintiff to that there and effect. were Edward Banda & Patrick Lungu 11 to I then defendant based on the proceeded a decision in make affidavit evidence between the parties. absence the of the the Since defendant on only proposals decision. judgment in favour of plaintiff. didn't dispute to each In the first instance, instalments suggested by the claim but the will be make party paid, and I I must pronounce is contention the consider a reasonable that I enter of by the that proposed However, defendant plaintiff defendant instalments K700. 00, it on the basis that he is in informal employment he On justifies and only earns K1, 500.00 per month in his business of selling Mongu had rice. the submitted capacity to pay the K2, 500.00 monthly installments as defendant had built a house on the said plot. It is not clear whether the that house which defendant built is used for commercial purposes sum as prayed by can enable defendant of the fact that plaintiff. not defendant is liquidating acceptable this, basing the amount on plaintiff the I will the judgment sum of K5, 000.00 in monthly instalments liquidates of K1, 000.00 with effect from May, 2017 month end with interest thereon from date of the writ. Costs for plaintiff. the judgment I also taken consideration instalment supposed However, last as defendant at frequent in to have been was intervals. Notwithstanding to liquidate plaintiff, capacity 2015. order This paid that an by DELIVERED IN OPEN COURT THIS :? A.6 DAY OF ~tt.z{..:?:~ .".'C.-'" . JIJOICIARY ..•• O/..q M"GISTRATE CC U' r COMPLEX , I \ 0~ MAY20~ ~ : ....................••••.......................... MAGISTRfTF A. C. MWEENE '" 0 80" 3U202. lV'S!' CI ~ssII: +-•... MAGISTRATE CLASS II Edward Banda & Patrick Lungu J2