The former deputy speaker Esther Mcheka Chilenje has through the Blantyre High Court summoned Elvis Nserebo for failing to refund K15 million after a failed sale agreement of Matindi Academy premises which is already under lease agreement.
The story begun in August last year when an audio of Chilenje, a former Member of Parliament for Nsanje North, went viral on social media where she was heard accusing a Prophet of conniving with Nserebo to dupe her the money.
It is reported that the former deputy speaker involved the when she wanted to buy the Matindi Academy premises which is owned by Nserebo but the move foiled when Chilenje was tipped that the campus is under 10-year lease agreement with Maranatha Academy.
This saw Mcheka Chilenje claiming her money back but Nserebo was reluctant until the matter was brought before the court where he later committed to pay back the money by month end of September, 2021.
However, Malawi24 understands that up to date Nserebo is yet to refund the money a development that has seen Chilenje summoning him through the Blantyre High Court, Commercial Division.
The summon which has been seen by this publication and dated December 7, 2021, requests Nserebo to within 28 days from the day of issuance satisfy the claim or file a defence and list of documents.
“We command you within the 28 days after the service of this summons on you, inclusive of the day of service, you must either satisfy the claim or file with this court a defence and list of documents.
“If you do not intend to contest the proceedings you must within 14 days after the service of this summons on you inclusive of the day of service return the accompanying response stating therein that you do not intend to contest the proceedings but desire a stay of enforcement of judgment, if any,” reads part of the summon.
The court further indicated that if Nserebo will fail to either satisfy the claim or file with the court a defence and list of documents, Chilenje will be allowed to proceed with the claim and judgment will follow without any notice.
Apart from refunding the said K15 million, the default judgement includes K750,000 as indemnity legal fees, damages for breach of agreement and damages for inconvenience which are all to be assessed.
Last year, the Matindi premises owner also failed to file defence documents and was also ordered to pay damages for sending sheriffs to evict Maranatha Boys Academy from the premises over rental disagreement.
