High Court dismiss case against Prof Luo

By GRACE CHAILE LESOETSA

LUSAKA High Court Judge Mwaka Mikalile has dismissed the matter in which Robust Trailers and Bodies Limited sued Nkandu Luo from going ahead with the sale of its goods seized after non-payment of rentals.

This is in a matter where the company sued Prof Luo in her capacity as Tasinta programme board chairperson asking the Lusaka High Court to grant it the order for stay of sale of its goods seized by her.

In her ruling on an application to set aside the originating notice of motion and dismiss action for want of jurisdiction filed by Professor Luo , Ms Justice Mikalile said that the matter was wrongly commenced before court.

She also discharged the injunction granted to Robust stopping Prof Luo from proceeding with the sale of seized goods.

She however stated that Robust could properly commence a fresh action.

“There being merit in this application, I do hereby grant it. This action is hereby dismissed for being improperly before me. It follows that the order referring this matter to mediation cannot stand and neither can the exparte order of injunction granted on 2nd October, 2021. The order is accordingly discharged,” read the ruling.

Company managing director Christmas Ngoma in his statement of claim stated that his company and Tasinta entered into a lease agreement in respect of stand no.1638/2716, Malambo Road, Lusaka at an agreed rent of K15, 000 per month payable in three months in advance on December 1, 2011 for a period of five years.

However, the Tasinta board chairperson in a letter dated October 14, last year indicated to Robust Trailers that she was signing up new tenants.

Robust Trailers claims that it was at this point that the respondent started to frustrate the lease agreement.

The applicant claims that rentals were increased from K15, 000 to K25, 000.

Robust Trailers stated that on January 11, this year, it made a payment of K67, 500 through a bank transfer. But, Prof Luo issued a notice of vacation on January 26 indicating that it owed an outstanding sum of K113, 700, therefore should vacate the premises immediately.

It was shocked when on September 21, 2021, a warrant of distress was issued by Tasinta.