KABIMBA'S LAW FIRM SUED…over unpaid rentals amounting to K300, 000

CHINTU MALAMBO writes

RAINBOW party leader Wynter Kabimba’s law firm has been sued by the National Pensions Scheme Authority (NAPSA) for failure to pay rentals of over K300, 000.

According to a statement of claim filed in the High Court Commercial registry, NAPSA stated that sometime in 1996, it entered into a lease agreement with Mr Kabimba for the possession and occupancy of a portion of Godfrey House situated at plot No.6131 corner of Kabelenga and Lingolongo road and that the said agreement was renewable yearly.

NAPSA stated that arising from the said lease agreement, Mr Kabimba had throughout the term of his occupation and use of the demised premises been liable to pay the agreed monthly rent of K7, 515.14 and K657.68 utility charges.

It stated that Mr Kabimba had throughout the use of the premises been liable to pay the agreed monthly rent which currently stood at K377, 339.25 as at June 30 2019.

“The plaintiff will state that in so far at it is known to it, the defendant has not made any effort to honor his obligation or promises to pay for the outstanding rental arrears.

“That during the period that the defendant has been in possession of the demised premises, the defendant has been inconsistent in paying its rentals and has unjustifiably refuses, failed or neglected to liquidate the rental arrears and has unjustifiably refused failed or neglected to liquidate the rental arrears,

“The applicant is entitled to recover the monies that it has been deprived of by the respondent as well as possession of the premises from the respondent,” stated NAPSA.

NAPSA said it will aver at trial that Mr Kabimba was clearly not able to sustain occupancy of the premises due to the total contumelious disregard of the agreement between get parties.

It said it will aver at trial that Mr Kabimba’s continued possession of the premises  and failure, neglect or deliberate refusal to honor his obligation was depriving it its much  needed investment returns from the premises.

And now NAPSA claims payment of K377, 339.25 being the unpaid rentals due, payment of K14, 195 utility charges as at July 1 2019 mesne profits and vacant possession of the premises.

It also wants interest on the amount found due and any other relief that the court may deem fit.