Gaborone lawyer, Moses Kadye, has on instructions from a Rasesa woman, Naledi Mswela, sued the Botswana Building Society for P2, 750, 000 following what he says was a “simulated, most irregular, null and void and outright illegal” sale of his client’s house by the Society.
In Court documents filed in the High Court, Kadye said that they carried out inspection of the Court in January 2012 in which they unsurprisingly did not find any plan of distribution of proceeds contrary to provisions of the rules of the High Court.
He said that an inspection of the Registrar and judge’s files unsurprisingly also did not have distribution plan filed with the Registrar and that the only documents contained in the file were the Writ of Summons, Warrant of Execution, Company resolution verifying affidavit by Pius Molefe and Power of Attorney.
He further submitted that since the purported purchase of property was unlawful, their instructions are to proceed to apply to set aside the purported sale in execution and restore the property back into their client’s possession.
Kadye said that since the unlawful act by the BBS, the house, with the BBS financial help, exchanged hands twice under such circumstances they have advised their client to limit her demand to the replacement value of the property at the time of the Society’s unlawful deprivation and the damages their client has suffered as a result.