CEASAR MBEWE writes
@Sun Zambian
A Lusaka-based ‘Zamcab’ has been order by a local court to repay the money he borrowed for a funeral or be jailed together with his family.
Wise Chombela, 49, a wheelbarrow pusher, of Old Kanyama compound, was ordered to repay the K3,500 he borrowed from his colleague, Tivas Hamuchele, 45, of Garden house area, or be jailed.
The facts before court were that Mr Chombela, on November 20, 2017, requested his friend, Mr. Hamuchele, to loan him the money to pay for the funeral of a person his brother, Phillip, a minibus driver, had hit and killed in a road traffic accident.
Mr Hamuchele told court that Mr. Chobela and his family requested him for the debt after the family of the deceased took the corpse to their house and asked them to host the funeral.
“Wise and his family came to me to borrow money after the accident and I assisted them with K3500 which Wise signed for and agreed to repay back on time,” said Mr Hamuchele.
“We are here today because Wise has not kept his word. I’m asking the court to help me get my money back. My child cannot attend school because I have no money,” he said.
In his defense, Wise denied borrowing the money and that it was younger brother Philip who got it after he had an accident.
He also said that Mr. Hamuchele willingly offered to help his family with the money and did not indicate they were supposed to repay it.
“I’m not the one who borrowed the money. It was my young brother and my other family members. Tivas also told us that he would help us pay back the money and if there is anyone to be sued, it’s the younger brother. Not him,” Wise said.
In passing Judgement, presiding magistrate Mubukwanu Matakala ruled that Wise and his family were obliged to repay the money because they had committed themselves to doing so and there was evidence to that effect.
The court ordered Wise and his family to settle the K3500 in two installments, starting March month end, failure to which they will be jailed.
