Zubeda Bobat, the executor to the estate of late Monica Garg Rupesinghe has dragged Chiduruppa Satya Chandrika to the high court for US$16, 000 (about K270,000) unpaid debt to the deceased owner of Monique Pre & Primary private School of Lusaka.
The details of the matter are that on a date unknown but within the peculiar knowledge of the defendant, the plaintiff (late Monica Rupesinghe) and defendant (Chiduruppa Chandrika) entered into an agreement whereas, it was agreed wherein that the deceased would lend the defendant USD20,000, which amount was to be paid back on the 31st December 2020.
According to a statement of claim seen by the Zambian Business Times – ZBT, “The said debt was not paid until the untimely demise of the deceased and as a result the executor stepped in the shoes of the deceased to send reminders when the debt became due”.
Despite numerous reminders by the plaintiff to the defendant, the said defendant did not discharge his obligation and made promises of discharging the debt at a later date.
In the spirit of good faith the plaintiff indulged the defendant with his promises hoping the said debt would be discharged as promised but to no avail.
On 6 February 2021, through the plantiff’s advocates, the plaintiff demanded for the said debt. The defendant only managed to pay USD4,000 of the USD20,000 debt owed to and an outstanding balance of USD16,000 was not paid to date.
A follow up letter was written to the defendant on 20th April 2021 reminding the defendant of the outstanding debt. The defendant has continued giving baseless promises and no action has followed such promises. Subsequently, the defendant has failed to pay the plaintiff the outstanding debt owed to the plaintiff.
The plaintiff now claims for an order that the defendant pays the plaintiff the sum of USD16,000 being money owed to the plaintiff as executor of the estate of the late Monica Garg Rupesinghe, interest on all sums found due at the current Bank of Zambia commercial lending rate, any other relief that the court may deem fit and costs.
