- 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.
By GRACE CHAILE- LESOETSA
MMD president Nevers Mumba has been taken to court for failure to complete and transfer a property which he sold at US$70, 000 to a Lusaka resident, Oliver Scott.
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.
He also claims costs and any other relief that the court may deem fit.
In a statement of claim filed in the Lusaka High Court commercial registry, Mr Scott has stated that Dr Mumba was a registered owner of property known LUS/38497.
He stated that about 2018, he entered into an agreement with Dr Mumba for the sale of the property at the purchase price of US$70, 000.
Mr Scott said 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.
Mr Scott stated that it was also 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 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 bought and Dr Mumba has to date failed to complete and transfer the said property to him despite numerous reminders.
He said that in 2019, with Dr Mumba’s full knowledge and consent, the plaintiff begun to formaly process the transfer of the said property and obtained consent to assign in November 4, 2019.
Mr Scott 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of Lands, addressed to the defendant and copied to the plaintiff (Mr Scott) that the State consent to assign had been withdrawn following the defendant’s allegations of suspected fraudulent activities against the plaintiff.
He said that by letter dated December 10, 2019, addressed to the Commissioner of Lands, he 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.