Supreme Court Orders Kalusha to Surrender House In Debt Contract

Fussball International FIFA Task Force Football 2014FAZ president Kalusha Bwalya has lost his house in the suburb of Lusaka known as Woodlands after his appeal in the Supreme Court was dismissed following a US$26, 250 debt he contracted in October, 2008.

Bwalya appealed against a High Court judgment that ordered that the house be handed over to Chadore Proprties and Ian Haruperi after he failed to honour the terms of the contract he signed.

Bwalya had offered his house at stand number 921 Woodlands as collateral when he borrowed money in October, 2008 from Ian Haruperi, the second defendant who is a representative of Chadore Properties Limited who is the first defendant.

According to the judgment delivered by justices Evans Hamaundu, Albert Wood and Mumba Malila on June, 25 Bwalya failed on all the four grounds of appeal that he had advanced through his lawyers from KBF.

Bwalya had argued that the High Court erred when it ruled to the effect that the evidence and argument by the plaintiff that the intention of the parties prior to executing the documents was to enter into a loan agreement was untenable.

He also argued that the ruling by the High Court that the contract was enforceable and valid as it was executed by the plaintiff.

The FAZ boss argued that he was duped into believing that the defendants were merely lending him money but fraudulently transferred the title to his house.

The defendants argued that both parties entered into the agreement freely and fully aware of the consequences.

“We agree with the learned counsel (Mataka and Sampa law firm) for the respondent that this ground of appeal is incompetent. It is dismissed,” read the judgment.

“The net result is that all grounds of appeal are dismissed…we award costs to the respondent to be taxed in default of agreement.”

Kalusha is Zambia’s celebrated soccer king voted as African Footballer of the Year in 1988 and will have to surrender his house to Haruperi to fulfill the loan obligation.

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