Trust, claimants tussle over K1.9m 2014 debt

Four years after the Mzuzu Magistrate’s Court ordered Mudzi Transformation Trust (MTT) to pay 26 artisans about K1 976 000 for works done in Likoma and Chizumulu, the trust is yet to act on the matter.

Court documents show that the 26, led by Raphael Sululu Jonasi, were hired by the trust in 2014 to roof 26 houses at K76 000 per house.

The court places Mudzi Transformation Trust as responsible for payment, but former project coordinator at the trust, Leah Mhango, argues that they only provided iron sheets while the then People’s Party parliamentary candidate Vincent Boma Chirwa was supposed to pay the workers.

In a determination on the civil cause number 1181 of 2018, Mzuzu senior resident magistrate Felix Prosper Kamtsalira concluded that Mudzi Transformation Trust had contracted the 26 and had to pay them.

The judgement reads in part: “There was a contract between the plaintiffs and the defendants. The plaintiffs agreed to roof 26 houses constructed by the defendant. After completion of the work, the defendant did not pay the plaintiff thereby breaching the contract.

“As such, the plaintiffs are entitled to a sum of K1 976 000 as their considerations for the work they did. They are also entitled to K20 000 as damages for breach of contract. In total, the plaintiffs are awarded the sum of K1 960 000.”

After that determination on August 17 2018, lawyer for the carpenters, Leonard Mbulo, said it has been difficult to trace the trust as it closed its head office in Zomba and all who were in touch on the matter left their jobs.

Following the development Mbulo on March 9 2020 wrote the Ombudsman asking  if “there can be a remedy to have the plaintiffs paid”.

But Mhango said Chirwa was supposed to pay the 26 and not the trust.

“What happened in Likoma was the same as in Mzimba West and at Jenda. Aspiring legislators got iron sheets and they paid for labour. So, in Likoma it was Chirwa, who was supposed to pay for that,” she said.

However, Chirwa could not be reached for comment yesterday.

The Office of the Ombudsman spokesperson Arthur Semba yesterday said they cannot comment on the matter because a court already made a pronouncement on the same.