Faz president and soccer icon Kalusha Bwalya has lost a case with
cost in which he wanted to reclaim his house after defaulting on a US$
26, 250-00 (about 130 million Kwacha) loan from Chardore Properties
Limited.
According to a High Court judgment passed on June 25, 2012, Judge
Nigel Mutuna dismissed Bwalya’s claim saying it lacked merit.
Judge Mutuna quashed the interim order of preservation of property
granted to Bwalya.
Facts before the court were that sometime in October, 2008 Bwalya
approached Chamunora Nyalungwe Haruperi (second defendant) as a
representative of Chardore Properties for purposes of borrowing money.
The first defendant agreed to lend the plaintiff (Bwalya) the sum of
US$ 26, 250-00 on condition that the plaintiff deposited the title
deeds to his property stand number 921, Woodlands Lusaka with it (the
property).
Upon the second defendant’s request, the plaintiff executed a
contract of the sale and deed of assignment in respect of the
property.
Subsequently, the first defendant transferred title to the property
into its name alleging that the same was sold to it by the plaintiff.
However, Bwalya in his statement of claim said the defendant
misrepresented to him that it was merely lending to him the sum of US$
26, 250-00 saying it fraudulently transferred title to the property
into its name.
In pleading the case Bwalya relied on Section 3 (1) of the
misrepresentation act, CAP 70 of the Laws of Zambia.
The defendants contended that the parties freely contracted and
understood the terms of the agreement entered into.
The defendants also contended that there was no false representation
or omission or concealment of intention on their part.
Bwalya had the option of buying back the property upon payment of US$
32, 800-00 (about 160 million).
In his testimony Bwalya confirmed signing the contract of sale and
deed of assignment but however denied signing the acknowledgement for
the funds which indicated that he was selling the property.
In his testimony Haruperi said Bwalya approached him (second
defendant) and offered to sell his property.
He testified that it was a term of contract that should the first
defendant decide to resell the property, the plaintiff would be given
the first right of refusal at US $ 32, 800-00 to purchase the
property.
When the defendant decided to sell the property in February 2009 they
invited Bwalya to exercise his right whether he wished to purchase the
property the plaintiff responded replied by putting an encumbrance on
the property.
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Shame….should have just bought it back for the $32,800.
So Graet Kalu is broke. It would appear it’s true the Dutch ex dusted him of all grudas.
Improve on your writing skills colleagues. It’s impossible to follow your thought patterns.
We know the second defendant but the first defendant should also be clearly identified..
Thankyou
Kalusha was great on the pitch, we cant take that away from him.
Conversely off the pitch, there is nothing great to write about him. He has been an underperformer and has deplorably failed as coach, FAZ president. His administration is marred with financial impropriety and yet as Zambians we just stand on the sidelines and cheer him on.
Kalusha will NEVER improve the game as he is preoccupied with cutting deals to replenish his depleted financial pocket.
He does not deserve to be running our football.
More money in his pockets!, well, the Zimbabwean.
As for judge Mutuna, he is now a free man, he doesnt have to care about anything when making a judgement as he has already been suspended by Ukwa before. Good jusgement as expected from a man of his intellect. Viva Mutuna , viva
Here is where I stopped reading this article, ‘Upon the second defendant’s request, the plaintiff executed a
contract of the sale and deed of assignment in respect of the
property.
Subsequently, the first defendant transferred title to the property
into its name alleging that the same was sold to it by the plaintiff.’ What are ‘its’ and ‘it’? Are these people or objects? Please write proper English.
Kalu shouldnt be running football…a monkey guarding a maize field indeed….
You ***** this is not but FAZ, this is about his personal issues. Chikala
Jerabo
You indeed have a tiny mind that can’t see reason…enjoy mopping those floors my good sir…
Judge Mutuna did well…. Sorry Great Kalu, your carelessness have cost you thousands! Live and learn, young man!!
Why is Kalu even dealing with people like Chamu????Those fools are crooks, why did he just go the Bank??
Education. People think banks are monsters, you have to educate even those who look educated.
Silly bastard its not about where he borrowed the money its about the principle of returning it according to a signed contract…
Why is Kalu even dealing with people like Chamu????Those fools are crooks, why did he just go the Bank?
This is the man who oversees our National Football Association, oversees all those lucrative contracts, a man who goes to loan sharks just to keep up appearances and impress his wife.He suddenly found $26,000 to pay off his debtor right about the same time when most of all those TV, Kit sponsorship deals were being signed.Â
Don’t you wonder why when someone applies for a financial position in a Top Financial Institution they carry out a thorough credit check.Â
Wake up!!!
This just shows that Kalusha is a form 3 from Kamuchanga. Banks give loans not Shylocks.
What a loss, that is the cheapest house that muZezulu has acquired. What happened that Kalu could go and borrow money from such a crook?
However, Judge Mutuna got wrong again.
Zambian judges are useless, how can that Mutuna pass judgement in favor of well know crook being hunted by Interpol? Someone need to broke that judgement, where is Mutembo Nchito? Appeal Kalu appeal, take case to South Africa where the transaction happened.
Legal brain Please, can Kalu plead Non est Factum; it was not my deed?? Shouldn t judge Mutuna have considered the value of the Hse? This would have helped to determine whether Kalu meant to sell the Hse or not. The amount sounds like a price of bare land in a low class area. He should appeal
Kaloba
And why are you quoting in US$. Tamumfwa? Muli finkula. And then you say, about K12…m. Ata. You stop with immediate effect. The legal tender in Zambia is Kwacha. Iwe Kalu, is that house in woodlands of Nebraska or what?
When you want money to buy votes to be FAZ president but you are a broke ant, this is how far it can take you?
That’s Gret Kalu for you, the only serving FA boss to ever run comenteriez on Super Sport. Yes he haz been in futbo for a while and lovez the sport, but there’z money and good money for that matter for thoze TV appearancez. After all he’z just human.
Going to school is a good thing :) I dont understand bloggers here complaining about value of the property and things like that muZezulu etc. You see, this is a classic case of ‘kaloba’, or pawning. Its common in developed economies. The basic idea is, when you desparetly need money and you can’t access it from banks/reputable institutions for one reason or another, you get these guys to ‘holder’ your valuable property/item at the price of the money you borrowed. You sign a contract to sell your item at the borrowing price – thats the contract. And if dont like the idea, dont sign the damn contract!! The stupid thing is to get the money and dont pay back on time. What has been become of Kalu?Â
Get it from the horse’e lips: At the time I borrowed money, I was dead broke. I had no choice but to sell my house. But after entering FAZ, I started stinking money. So I went back to the gentleman who bought my house that I wanted my house back because now money is not a problem. The gentleman refused and that’s how we found ourselves in court.
Ukwaa you are absolutely right. This happens everyday in the townships, shylocks lending money at huge interest rates and holding on to some valuable item or the ATM card. In Kalusha’s case the Shylock has managed to work within the existing laws on property transfers/ sales.
The only problem , the borrower has a pea brain!
I’m amazed that people are making excuses for their King, the Great one; how gullible are you? He failed to pay so what do you expect the debtor to do just sit on the deeds…this is a man who runs FAZ part-time from RSA, who has no financial acumen whatsoever and oversees whatever is left of that $2,000,000…this is a man who has a say in the future of Zambian football…this man should have just been an ambassador for Zambian Football like Pele is to Brazil and FIFA.Â
Wait till he falls out with these turncoat politicians….they will let the wolves on him…start with RSA you will see that every FAZ deal there is linked to him financially.
WAKE UP!! Â Â Â
COME ON PEOPLE!!! THIS IS A PRIVATE MATTER OF A VERY PUBLIC FIGURE THATS THE ONLY REASON ITS PUBLIC. LET HIM WHO HAS NO SIN CAST THE FIRST STONE
well said
Please ba Lusaka Times convert all the amounts in Kwacha. Businesses dont even quote prices in dollars any more
Jay Jay does your name stand for Jealous Jealous?
I won’t say anything at all…!!
Ladies and gentlemen we all have been ripped off before maybe not to this magnitude. The judge should have interpreted this deal as a loan because he knows very well that even a servant quarters would have cost more than 26k. I know there is no excuse for ignorance but my gosh thats cruel and these loan sharks should not be allowed to roam about taking advantage of people. I dont care Kalus education level, there is no doubt this was a loan, and sure in hindsight he could have hired a lawyer to go through the contract or go through the banks but it doesnt change the fact that it was a loan.
Ukutemwa inkongole aka kamuntu! Ba bemba no wo pusa ngako!
Shame!
Is FAZ house safe? Who is keeping the title? Limbi nayo ine kalikolekesha ka mambala.
Is this the same judge suspended by the cobra? He ruled against Mumembe and now Kalu? Kaya kaya. Cobra must act quickly.
So….. Imwe bakoswe mulelanda ati uyu umboizi takwete diggo?
There’s no issue here. Chamu and crew do this all day everyday in Zed, ask those who know this business. It’s called KALOBA. You borrow money, using your property (house, car or whatever is worth the value of the money you need) and agree to the terms. You don’t pay back at a certain time, you lose you asset, period. Kalusha is not the first “victim”, I know of other people personally, who have lost cars, houses and a lot of sh!t. So, if you can’t borrow legitimately from a recongnized financial institution like a BANK, why cry foul?
Kalusha knew excatly what he got himself into, that’s why even the courts can’t do sh!t. The deal was done. Next please!
Very good thinking. Wondering what you think of its implication on society as a whole though? You will find times when points like this begin to have global expansion and frustration. Ill be around soon to look at your response.
I think the most important tip you provide here is to stay plugged into what??s important in the industry, so that we can fill the needs, and provide solutions to our readers needs.