According to a 16-paged judgment delivered in Lusaka by judge Nigel Mutuna on Monday June 25, 2012 Kalusha lost his house in Lusaka’s Woodlands to Chardore Properties Limited and Ian Chamunora Nyalungwe Haruperi who were the first and second defendants.
The Zambian Football Association boss relied on a flimsy defence contending he signed a “blank piece of paper” to access a US $26, 000 debt from a Lusaka businessman in October 2008 and claimed the agreement was a mistake.
Kalusha, the 1988 African Footballer of the Year, also testified that he was not given the opportunity to have legal representation when the two parties entered the agreement.
“He also confirmed that he did sign the contract of sale and deed of assignment and that he recognized the two documents.
“However, he denied signing the acknowledgement for funds which indicated that he was selling the property,” the judgment reads, adding; “It was his testimony, in this respect that, what he signed was a blank piece of paper which did not have any writings on it.”
Kalusha’s other flimsy claim that he did not have legal representation when the two entered the
agreement was laid bare when counsel for the defendants took him to task on whether this particular contract was the only one he had signed without such representation.
“In cross examination, the plaintiff testified that he was a very famous footballer who played for both local and international clubs.
“He went on to confirm that he played football for five international clubs where he signed contracts with them and that he did not have legal representation when he signed the said contracts,” judge Mutuna stated.
In passing judgment, judge Mutuna dismissed Kalusha’s submissions that the terms under which he borrowed a US$26, 250 from Haruperi were fraudulent.
“The facts as they are revealed in the pleading are that sometime in October 2008, the plaintiff approached the second defendant [Haruperi] as representative of the first defendant [Chardore Properties Limited] for purposes of borrowing money,” he states.
Judge Mutuna noted that Haruperi agreed to lend Bwalya the sum of US$26, 250 on condition that he deposits the title deeds to his property, stand 921 in Woodlands, Lusaka.
He found that upon Haruperi’s request, Bwalya executed a contract of 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,” the judgment read.
Kalusha, a member of the respected Confederations of African Football who also sits on various FIFA sub committees, wanted the court to set aside the said contract of agreement for being void on account of mistake which the High Court has since dismissed but given him leave to appeal.