CHINTU MALAMBO writes
A LUSAKA resident has sued State Counsel, Louis Mukanda, in the Lusaka High Court for alleged fraud and is demanding over K100, 000.
Mwabafu Libakeni and two of his siblings suing as joint administrators of the estate of the late Y K Libakeni, stated that the law firm M L Mukanda and Company represented their late father in three cases which he won and was awarded costs.
The statement of claim stated that Mr Mukanda and his law firm purporting not to have been paid the legal fees by the late Mr Libakeni.
They stated that, in fact, the law firm had already been paid as far back as 2014 by the losing litigants in all three litigation.
Mr Libakeni claimed that in 2015, after the death of their father, Messrs Mukanda and Company wrote to him demanding K224, 750 legal fees left purportedly owed by his father.
“On October 29, 2015, I who at the material time was the only person financially capable of settling the demanded amount responded to the letter on how I would engage myself to settle the bill,” Mr Libakeni claimed.
He stated that it was agreed that he would pay Mr Mukanda K200, 000 as full and final payment and in November 15 2015, paid 100, 000 leaving a balance of K100, 000.
Mr Libakeni however stated that on November 15 2015, one of his siblings wrote to Messrs Mukanda inquiring why they were not demanding legal fees from the unsuccessful parties as per court order.
He added the law firm did not respond to the letter.
He stated that the law firm further demanded payment of the remaining K100, 000 and threatened to charge interest if the money was not paid with 14 days.
Mr Libakeni said he then paid K77, 000 in an effort to liquidate the demanded money.
He stated that it was only after he engaged another law firm to collect costs from the losing litigants when he discovered that Mr Mukanda and his law firm had already been paid all the legal fees by the losing litigants.
Mr Libakeni said despite numerous demands to be refunded the K177, 000 Mr Mukanda and his law firm had ignored or refused to pay.