The High Court in Blantyre has issued summons to former Matindi Private School owner, Elvis Nserebo over money amounting to K15 million, which he swindled former minister and erstwhile deputy Speaker of Parliament Esther Mcheka Chilenje over a fraudulent sale agreement of Maranatha Academy School premises.
According to the court summons, which Nyasa Times has seen, commercial case number 483 of 2021 warns Nserebo that if he fails to satisfy the claim or to file a defence within the prescribed time, judgement may be entered against him without further notice.
“Take note that if you fail to satisfy the claim or to file a defence and list of documents or return the response within this time stated, or if you return the response without stating, therein an intention to contest the proceedings, the claimant may proceed with the claim and judgement may be entered against you and without further notice, “reads part of the court summons.
Nserebo and self-acclaimed Prophet, Andrew Kambeja failed to comply with the Court order to refund former Speaker Parliament, Esther Mcheka Chilenje an amount over K15 million, which the two swindled her.
Mcheka Chilenje, the former senior cabinet minister in the deposed, DPP government was duped under the pretext that she will take over Matindi School Premises currently leased to Maranatha Academy Boys for 10 years from 2018 to 2028.
Nserebo and Kambenje were given a grace period to pay back the money by September 19, 2021 but up to date nothing from the two has been deposited to Mcheka Chilenje.
Chilenje was approached by Kambenje, who she trusted in the company of Elvis Nserebo to give them K15 million so that she could purchase the Matindi School premises now being occupied on a 10 year lease by Maranatha Academy.
However, Chilenje realised that the duo were in a scheme and connived to dupe her the money, which she had had borrowed from loan sharks at a high interest rate as she expected to make some profits from the school.
Unfortunately, Chilenje, who was ready to move in into the new premises, found out that the premises were occupied by Maranatha Academy and when she asked the two to pay back the money, they said they don’t have it but agreed to pay back, but since then, the two alleged fraudsters are yet to fulfill and honour their promise to the former deputy Speaker.
Chilenje went public on the matter after her voice notes went viral as she was pleading with the self-anointed prophet, Kambeja and his accomplice, Nserebo to pay her back her money lamenting that loan sharks are on her neck demanding their money with interest.
She threatened to report the two to the police for fraud in the voice notes but later she took the matter to court for a legal redress.
The court ordered an immediate payment of the sum of K15, 240,000.00 as the amount received by the defendant from a failed sale agreement.
There was also an immediate order for Nserebo to pay an interest in the sum of K15, 240,000.00 at the commercial rate base lending rate from the date of default to assessment.
Nserebo was also ordered to pay K750, 000 as indemnity legal fees plus further damages for breach of agreement to be assessed.
However, up to now, Nserebo has not paid any single dime to Mcheka Chilenje as ordered by the court.
In a related development, last year, the Commercial division of the High Court in Blantyre dismissed former Matindi Private Academy owner, Nserebo’s claims after he dragged Maranatha Boys Academy to court claiming they owed him rentals.
In his determination, presiding judge, Justice Masauko Msungama threw out Nserebo’s claims’ with costs for lack of evidence and, therefore, ordered that they pay Maranatha Boys Academy damages and legal expenses.
Nserebo took Maranatha Academy to the High Court in Blantyre, claiming it failed to pay rentals for their premises at Matindi along the Blantyre-Lilongwe M1 Road.
However, Nserebo failed to produce evidence of his claims after Maranatha Academy made a counterclaim on the matter forcing the High Court, Commercial Division to order him to pay damages.
In a court judgment, the court on September 28th 2021 ordered that Nserebo to pay for damages to Maranatha Academy for among other things, causing distress to the defendants.
Nyasa Times understands that Nserebo has not paid Maranatha Academy owners as ordered by the court he sought more time to pay from the court.