Former Tourism Minister, Ronald Chitotela, has filed an application in the Economic and Financial Crimes Court to stop the Sheriffs of Zambia from grabbing his goods and chattels to recover over K5 million owed to a construction company, Azadi Investment Limited.
Chitotela, through his lawyers, on Thursday filed ex-parte summons to stay execution of judgement pending hearing and determination for an application to set aside writ of Fieri facias ( Fi Fa).
Azadi Investment Limited applied to Court for writ of Fi fa to execute the January 9, 2023 judgement in which the High Court ordered Chitotela to settle the K6.5 million balance after the company constructed his residential house in Chongwe at the agreed cost of K9.5 million.
Chitotela, in his application to set aside the Fi fa, expressed surprise that there was àn application of the Fi fa to execute the judgement when his application to vary the judgement sum filed in May, last year was pending signing and hearing.
“That if the court does not vary the judgement sum as shown above, it will unjustly enrich the plaintiff company. That an execution by the plaintiff shall render my application to vary the judgement sum nugatory and an academic exercise,” he contended.
Background to the case is that Azadi Investment Limited, in May, 2022, approached Lusaka High Court, demanding payment of K6.5 million, being balance for the construction of his house worth over K9.6 million in Chongwe.
The company is demanding an order for payment of K6.5 million and the corresponding Value Added Tax owed to it as interest, and an alternative order for the sale of the said property, CHONG/LN_21188/51.
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