AUDITOR-GENERAL Anna Chifungula has sued a resident of Lusaka for allegedly swindling her of K100,000 over a piece of land in Lusaka’s Kabulonga residential area.
Dr Chifungula said on August 12, 2015, she entered into an agreement with Patrick Katyoka to buy a piece of land situated at stand number 40 Kabulonga valued at K1.4 million and gave him K100,000 as deposit.
She argues that Mr Katyoka, however, switched off his phone after signing a contract of sale and collecting the deposit, thereby making it virtually impossible for her to communicate with him.
Dr Chifungula’s claims are contained in a writ of summons filed in the Lusaka High Court registry last Friday.
“A week after signing the contract of sale, the plaintiff [Dr Chifungula] saw the same property she had purchased from the defendant [Mr Katyoka] re-advertised in the newspaper,” reads part of the court documents.
She contends that the parties agreed in clause eight of the special conditions of the contract of sale that she would pay him K100,000 as deposit upon signing the contract.
Dr Chifungula said she paid the money, from which Mr Katyoka said he would use K50,000 to pay off the loan he was owing to Brafus Limited.
She said upon contacting Mr Katyoka with some difficulty, as his phone remained switched off for most of the time, he denied having sold the property to her.
Dr Chifungula contends that Mr Katyoka, in denying the agreement, challenged her to produce evidence of the written contract of sale, a reaction she said shocked her.
She argues that when she showed Mr Katyoka a written contract of sale, he U-turned and promised to refund the deposit on or before the end of August this year but to date, he has not paid.
Dr Chifungula said Mr Katyoka keeps making promises to refund her but he has not done so, leaving her with no option but to believe that he has no defence to her claim.
“The defendant has clearly breached the terms and conditions of the written contract of sale, which provides for completion within seven days from the date of grant to vendor of the tax clearance certificate by Zambia Revenue Authority,” she said.
Dr Chifungula is claiming a refund of the K100,000 deposit paid to Mr Katyoka for failure of consideration.
She also wants the court to award her damages for breach of contract and interest from the date of payment of the funds and costs.
Just forgive him. He’s a poor man with failed political ambitions. He had a loan from else where so he badly needed that money. He is a crook anyway.
AUDITOR-GENERAL Anna Chifungula, the hardest working civil servant in our land. This woman needs our support. If I were a lawyer, my services would be pro bono for her.
You should have known better, Bembas are crooked criminals. Next time be careful, only give away money only on a spot exchange.
Iwe swine just comment on the issue raised, why bring in all Bembas in this business which is between two adults? Stop this crap please!
ULI CHIPUBA KOLWE.HOW DO BEMBAS COME IN THIS ISSUE?ULI CHIPUBA CHA MWAUME.
Katyoka of ‘Sata is Tanzanian’ lie, and now to swindler of Chifungula. Really, times must be pretty hard in Zambia!
These swindlers must be punished severely. You cannot take advantage of someone’s hard earned money and just continue living as if all was normal.
…such cases are predominantly from komboni and not from high profile citizens….the story sounds weird, childish and incomplete….
….such a contract involving such amount of money(K1.4m)was supposed to be transacted by lawyers from both parties….such that in case of a problem arising, the lawyers would have advised their clients appropriately to avoid the court route and more importantly avoiding wasting 3minute of my precious time reading thru this crap….
Zambians are all crooks big time. Even our learned AUDITOR-GENERAL Anna Chifungula has been swindled K100,000 over a piece of land in Lusaka’s Kabulonga residential area by another learned lawyer Katyoka .
THIS IS THE CHAP HU SED SATA IS FROM TANZANIA AND MANY PIPO BELEIVED HIM.MADAM CHIFUNGULA THIS CROOK HAD A LOAN AND USED U TO CLEAR THIS LOAN.
I would like to believe that as the Auditor General she should be in the know of the processes involved in procuring a property. There are no Estate agents and Lawyers involved to handle the payment and transfer of the property to her name. This is recipe for criminals to take advantage of.
Lesson number 27 ”never dual with failed politicians cum crucks mascariding as Business men”
Let’s hear both sides of the story. Did this journalist bother to contact Katyoka to find out how he “swindled”?
How do you hear his ‘side’ when his phone is always off read the story again! His son is also a crook ‘sold’ land in Katuba area which was not his, his wife a lawyer bailed him out
Cage katyoka . Im a victim of this crook.
Za,Brian’s mostly never see the value of money hence the habit of living beyond their means. It is part of our culture it seems. The government does it so why not other citizens. Any chance of making a quick buck whether legal or illegal.
Shame on them so called Christian nation.