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THE Economic and Financial crimes Court says it will not curtail bailiffs from getting their hands on Ronald Chitotela’s properties in order to recover debt for AZADI Investment limited which emanates from the construction of his luxurious retirement house in State lodge area.
The Court says Chitotela voluntarily admitted owing the construction company K6.5 million and committed to pay hence it cannot vary its judgement in which it compelled him to clear the debt a year ago.
In this case AZADI Investments limited sued the former minister of tourism demanding payment of K6.5 million, which was the outstanding balance for the construction of his luxurious retirement mansion in Chongwe.
Chitotela had asked the Court to to stay the execution of the judgement on reasons that the construction company will be unjustly enriched if the court does not vary the same.
He complained if the judgement on admission is not stayed Azadi will be unjustly enriched as he made payments to it, both in kind and cash, which have not been accounted for and considered by the court.
“When the court entered judgment on admission, the parties were still trying to reconcile the amounts owed and these facts were not placed before the court at the time of hearing and determination of the application for entry of judgement on admission,” Chitotela said.
But in their ruling judges Pixie Yangailo, Mwanajiti Mabbolobbolo and Vincent Siloka said a judgement cannot be varied on the basis that the parties did not disclose all the information that was known to them.
“If indeed such information was available, Chitotela ought to have placed it before the court, both in his defence and in the affidavit in opposition to the application for entry of judgement on admission,” the Court said.
“There would be no need to vary the judgement sum as any payments made subsequent to the judgement on admission can be taken into consideration at enforcement of the said judgement.”
The judges said the issues that Chitotela wants to base his application on do not constitute special or exceptional circumstance on which they may grant a stay of execution of the judgement on admission.
“We find that Chitotela has not demonstrated that he will auffer irreparable loss or substantial loss, which cannot be atoned for by an award of damages. If the orders sought are not granted,”the judges ruled.
“We are therefore not satisfied that the first defendant has met the conditions for grant of stay orders. The first defendant has not made out a good case to persuade this court to exercise its discretion to stay the execution of the judgement on admission pending his intended applications.”
The Court dismissed his application to stay the execution of the judgement and to have the writ of fieri facias (fifa)dismissed.
“We make no order as to costs. The matter shall return on June 4, 2024, at 11:00hrs,for hearing of the application for special leave to review ruling filed on May 26, 2023,”said the Court.
By Mwaka Ndawa
Kalemba May 8, 2024.
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