Lex Chambers Ltd, a law firm in Kigali is involved in a $280,000 purchase agreement wrangle against Dr. Flocerfida Pineda who owns Pineda Dental Clinic.
As church mates and in a friendly manner, Isaac Bizumuremyi owner of Lex Chambers Ltd – a law firm and Dr. Pineda signed an agreement to buy out clinic two years ago.
The agreed amount was supposed to be paid in three portions with an advance payment of $30,000 which Bizumuremyi paid, pending the second instalment of $120,000 and $130,000 which he allegedly expected from a bank loan.
Bizumuremyi told the commercial court on Monday, that this was done with an an agreement that he would solicit a bank loan within the stipulated period to secure the clinic and incase it delayed the parties would agree on new terms of payment.
When the second payment date was due, Bizumuremyi said he communicated to Dr. Pineda and the lawyer of the clinic, saying that he needed to revisit the payment agreement.
Lex Chambers defense lawyer told judges that there was failure in securing the bank loan because the bank found gaps in the way financials were presented by the clinic.
In other words, he said, the bank “found that the company was not a profitable venture and did not qualify for a loan.”
“If these financials were good my client would be in position to honour the agreement. As a result of this setback we are now seeking the $30,000 repaid with a two percent interest over the two years,” Lex Chambers attorney said.
Dr. Pineda’s lawyer Kayijuka Ngabo turned guns on the plaintiff asking court for his client to be paid over Rwf18 million in damages.
Ngabo argued that during the disagreement over payment procedures between the two parties Dr. Pineda kept her end of the bargain but Lex Chambers did not.
Ngabo stated that the plaintiff resorted to requesting three banks and five insurance companies to cease operations with Pineda clinic close to two months resulting to loss of income, unpaid supplies and image damage.
Among damages, Ngabo said his client wants Rwf l10 million “to compensate financial loss,” and Rwf5 million “for image damages because the grudge leaked to other church members.”
Pineda also seeks court fees worth Rwf3 million.
The court will reconvene on November 26, 2018 at 4pm to resolve the dispute which has left two church mates and friends in a financial grudge.