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| National |
| UDF sued for vehicle repairs |
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by
Pilirani Semu-Banda, 24 November 2004
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09:11:33
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The UDF has been sued by a car repair company for failing to settle bills amounting to over K1 million which the ruling party incurred after it took several of its vehicles for maintenance.
The debt goes as far back as October 3, 2003, according to court records at the High Court in Blantyre indicating it as Cause Number 3307 of 2004.
The records show that Talib Osman of Caritech has dragged the party to court, claiming the cost of repairs amounting to K993,775, interest of one percent above the prevailing bank lending rate from October 3, 2003 on the sum, storage charges to be assessed by the court and costs of the court proceedings.
The claim, filed by Osman’s lawyers Tembenu, Masumbu and Company, also indicate that the vehicle repair company is claiming K950 per vehicle per day in respect of vehicles registration numbers BL 1243, Mazda Magnum 4x4 Turbo Diesel and a Nissan pick-up registration number BM 784 which are still in Osman’s custody “but for which no repair authorisations have been issued to date”.
The suit also indicates that Osman further pleads that the UDF was “well aware” that the transaction was a commercial transaction.
The vehicles Osman is claiming to have repaired include BM 6064, BM 2002, BM 610, BM 5674, BM 6050, MJ 2482, BM 5673, BM 6029, MHG 2234, BM 3281, BL 8624 and BM 784.
“As a result of the delay in paying the amount, the defendant [UDF] deprived the plaintiff [Osman] of the income it would have earned on the said funds,” state the court document.
The court has since ordered the ruling party to, within 14 days after the service of the summons which have been dated November 19, to either satisfy the claim or return to the High Court to state whether it intends to contest the proceedings or Osman may proceed with the action and judgement may be entered against the UDF “forthwith without further notice”.
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