By GRACE CHAILE
CHIEF Nkana has denied owing Bowman Lusambo US$105, 000, arguing that the former lawmaker had no role in the sale or investment process of Bisma Mining Limited.
In a defence filed before the Lusaka High Court Commercial Division, Mr Godfrey Shamanena, known as Chief Nkana of the Lamba people in Lufwanyama dismissed Lusambo’s claims as baseless and gratuitous.
Mr Lusambo sued Chief Nkana in the Lusaka High Court, seeking payment of US$105, 000, claiming it was his agreed share from the sale of Bisma Mining Limited.
He asserted that he had played a key role in facilitating negotiations and investing in legal and commercial efforts that led to the eventual sale of the mine to Grizzly Mining Limited.
He said that following the transaction, Grizzly Mining, through its chairman Ndiaye Abdoulaye (popularly known as Gunnase), agreed at the request of Chief Nkana to release a balance of US$165, 000 from the sale proceeds.
According to Mr Lusambo, this amount was to be shared as follows: US$105, 000 to himself, and US$30, 000 each to Chief Nkana and Chieftainess Malembeka.
He claimed that Chief Nkana authored a letter confirming this arrangement and instructed Grizzly Mining to disburse the money accordingly.
However, he alleged the full amount was instead deposited into Chief Nkana’s personal account.
But in his defence, Chief Nkana insisted Mr Lusambo had no legal claim to the money, stressing that he neither facilitated the sale nor invested in the process.
He stated that Mr Lusambo was not a shareholder or director in Bisma Mining Limited and that the alleged promise to pay him was merely a gesture of financial help.
“The plaintiff never invested any resources nor did he facilitate any negotiations relating to Bisma. In fact, he is neither a shareholder nor a director,” read part of the court filing.
Chief Nkana said he only received a portion of the sale proceeds proportional to his shareholding in Bisma and that the US$165, 000 was not disbursed at his request, nor was Mr Lusambo a party to the sale agreement.
He contended that any promise to pay Mr Lusambo was not legally binding, as it lacked consideration and was based solely on a personal plea for financial assistance.
Asserting that he was wrongly sued, Chief Nkana argued that the entire claim is from a transaction involving Bisma Mining and Pridegems Mines Limited, to which he was merely a shareholder and not a principal