A Mzuzu based businessman is contemplating dragging the Malawi National Lottery Company to court over its reluctance to settleclaims for his vehicle and also compensate him for loss of business.
Samson Chavula, through Malawi Human Rights Commission lawyer Nicely Claude Msowoya, wrote the company on 19th June this year asking the company either to give him his vehicle in the condition it was hired or MK2.5 million so that he purchases a similar kind.
Chavula also claimed loss of business at MK8.000 per day.
“Please remit the suitable amount within 14 days of receipt of this demand letter, failing which legal proceedings will instituted against you without any further notice,” Chavula wrote.
The company hired his vehicle, a seven seater Toyota GAIA, on 2nd April 2012 and the agreement was that it would be returned to him on 30th April but on 27th April it was involved in a fatal accident in Mzimba.
The vehicle is now a write-off but the Company through its Legal and Compliance Manager Angela Gathoni Munthali says it is under no circumstances willing to accept full liability for the loss of the vehicle “ as we believed it was insured”
“We did hire your client’s vehicle … as your client is aware his vehicle was involved in a road accident and is currently in Mzimba. We have on several occasions requested that your client provide us with his insurance information so that we can ably assess our liability,” Munthali said.
Munthali denied reports that the company is unlawfully detaining the wreckage of vehicle unlawfully arguing that Chavula was made aware of the state of the vehicle as well as its location after the accident.
“Your client however opted not to take delivery of the vehicle. We are more than willing to sit and discuss the matter with you and your client in order to reach an amicable resolution,” she said.
Chavula told Nyasa Times that he did not understand the “ politics” the company is playing saying he provided everything including the insurance.
“If they do not want to give me back my vehicle or money to buy another one they should just say so,” he said.Follow and Subscribe Nyasa TV :