Africa-Press – Zambia. Chief Nkana denies facilitating the sale of Bismark Mine
CHIEF Nkana, Godfrey Shamanena has denied claims by former Lusaka province minister, Bowman Lusambo that he was actively involved in the facilitation and investment of the sale of Bismark Mining Limited.
He said he did not receive the full sale proceeds of the Bismark Mining Limited transaction as he only received his share proportionate to his shareholding.
Chief Nkana submitted that Lusambo never invested any resources nor did he facilitate any negotiation relating to Bismark.
“In fact Lusambo is not a shareholder nor a director in the said mine.”
“There were no legal disputes attendant to the sale of the said Bismark Mining Limited, further, the released sum of US$165,000 was not at the request of the defendant as the defendant was not a party to the sale agreement,” read the document.
Chief Nkana submitted that the promise of US$105,000 to Lusambo was simply gratuitous as it was made at his request for financial help or assistance.
“The defendant’s promise to pay the said sum to the plaintiff was simply a gratuitous act following the plaintiff’s request for financial assistance and there was no consideration furnished by the plaintiff to the defendant for the purported payment,” he said.
He stated that Grizzly Mining Limited could not act in the said letter as the plaintiff was not a party to the transaction and had no entitlement to the proceeds of the sale.
The traditional leader further said he is not obligated to pay the plaintiff in any way or at all.
He added that Lusambo has failed to show and prove his entitlement to the said sum of US$105,000.
Chief Nkana further stated that he is a wrong party to the action as the plaintiff’s entire claim upon which the injunction order is based or anchored upon, relates to Bismark Mine.
“The sale agreement from which the plaintiff’s alleged claim arises was between Bismark as a seller of the mining licence and Pridegems Mines limited as a purchaser and the defendant was not a party to the said sale agreement.”
“In view of the foregoing the plaintiff is not entitled to any reliefs from the defendant herein as claimed in the statement of claim,” read the document.
In this case, Lusambo sued Chief Nkana in the Lusaka High Court demanding payment of US$105,000 from the proceeds of sale of Bismark Mining.
Lusambo said he was actively involved in the facilitation and investment processes relating to the sale of Bismark Mining Limited.
He said chief Nkana received the full sale proceeds in respect of the Bismark Mine transaction.
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