Q FM Africa's Modern Radio
The High Court has re-issued a writ of fieri facias for bailiffs to seize goods and chattels belonging to New Congress Party leader Peter Chanda to cause the payment of K85, 000 he owes a Joshua Simuchenje.
In the writ dated 18th February, 2019 obtained by Q-News, the High Court has also ordered Mr. Chanda to pay Mr. Simuchenje interest therein from June 2018 to date.
Mr. Chanda will also have to bear the costs and legal collection charges ordered in the Court’s judgment of 8th June, 2018 when the first writ of fieri facias was issued.
In his calculation arising from interest and other costs, Mr. Simuchenje has since demanded K34, 185 which now brings the grand total Mr. Chanda will have to pay him to K119, 185.
This is in a matter Mr. Simuchenje sued Mr. Chanda for defaulting on payment of a loan amounting to K85, 000 which he got from the latter.
In a statement of claim dated 20th February, 2018, Mr. Chanda is said to have agreed, as security for the loan, to surrender the White book for his Toyota Prado registration number ALB 4697.
Mr. Chanda is said to have however, neglected or refused to settle the matter as per agreement, or to surrender the Toyota Prado despite several reminders.
In the writ of summons dated 20th June, 2018, Mr. Simuchenje consequently asked the Court to order that Mr. Chanda pays him K85, 000, interest, costs and any relief the Court may deem fit.
In this matter Mr. Chanda had earlier entered into a consent judgment with Mr. Simuchenje in which he promised to liquidate the loan in three equal installments of K28, 333 starting from 8th July, 2018.
This was after the Court issued the first writ of fieri facias on him at the first attempt to cause the payment of the owed amount and other related costs.