Deka files defence, denies owing Vyansilati Enterprise K2.6 million
By Staff Reporter
POLICY Monitoring and Research Centre executive director Bernadette Deka has denied owing Vyansilati Enterprise Limited K2.6 million which she allegedly used to fund her wedding early this year.
Vyansilati Enterprise Limited sued Deka in the Lusaka High Court seeking an order that she pays back K2,675,000.00 at 15 per cent interest per week from April 27, 2019 when she defaulted.
But Deka has filed a defence, explaining that her agent Peter Malawi entered into an agreement with Marvin Chibwe to borrow a sum of K1,000,000 on January 18, this year.
She said Chibwe advanced K1,000,000 to her for a period of one month at 100 per cent interest and a penalty of 15 per cent per week.
Deka denied claims by Vyansilati Enterprise Limited that at her instance, she freely and voluntarily requested to enter into an agreement with the company’s director Marvin Chibwe on April 9, 2019 where it was agreed that she borrows K2,675,000.
She stated that Chibwe and herself subsequently executed an agreement purporting that he had lent her K2.6 million to disguise the unconscionable interest rate of 100 per cent per month and a penalty of 15 per cent per week which are both illegal and void.
“While the defendant (Deka) admits owing the principal sum of K1,000,000 and reasonable interest to Chibwe, she denies indebtedness to the plaintiff at all and puts the plaintiff to strict proof,” Deka’s defence further read in part.
She however, stated that she denies each and every allegation by Vyansilati Enterprise Limited.
In their statement of claim, Vyansilati Enterprise Limited stated that they were a private company Limited by shares incorporated and are engaged in a business of civil woks, electrical repair and money lending.
The company stated that they entered into an express term of agreement which was accepted by Deka and she promised that she would pay back the money in two installments from the date of the agreement.
“upon default by the defendant, the said amount could attract interest at the rate of 15 percentage of the total amount due per week,” Vyansilati.
The company stated that despite numerous requests to Deka to settle her indebtedness with interest as agreed, she has to date failed to make the settlement in part or in full.
