PAMBASHE member of parliament Ronald Chitotela is now pleading with the High Court to stay the execution of the judgement in which he was ordered to pay AZADI Investments Limited K6.5 million, for the construction of his Chongwe house which the ACC suspects was acquired through grand corruption.
Chitotela laments that the construction company will be unjustly enriched if the court does not vary the judgement.
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.
In January 2023, judge Pixie Yangailo had ordered Chitotela to clear the outstanding balance with AZADI.
Chitotela has neglected to comply with the Court order for the past one year and some months prompting the Construction Company to file a writ of Fieri facias (Fifa) before Court which was served on the sheriff of Zambia to enforce the court judgement by selling his goods and chattels so that it can recover its debt.
Despite being given enough time to pay the money Chitotela says he will be disadvantaged if the bailiffs are allowed to pounce on his property as the Zcourt has not pronounced itself on his request to have the execution of the judgement stayed until the judgement sum was varied.
“If the court does not vary the judgement sum, it will unjustly enrich the plaintiff company. An execution by the plaintiff shall render my application to vary the Judgement sum nugatory and an academic exercise,”said Chitotela.
“No party shall be prejudiced should this court grant the application to stay execution of judgement pending hearing and determination for an application to set aside writ of Fieri Facias (Fifa), but conversely the interests of justice shall be served.”
By Mwaka Ndawa
Kalemba April 27, 2024
