Man claims damages for fraud from wife.

                                    
A LUSAKA man has sued his wife in the High Court claiming damages for fraud following the latter’s alleged forging of his signature purporting that he authorised that their jointly owned property be used to obtain an over K400,000 loan from Brafuss Limited. According to a statement of claim filed in the principal registry, Oswell Katooka sued Priscilla, who was at the material time his wife and Brafuss Limited, a money lending company as first and second defendants respectively. 

Katooka stated that on January 24, Priscilla without his knowledge took the certificate of title relating to stand No. 12237 with a view of depositing it as security to obtain a loan from Brafuss Limited, a purported money lender carrying on business without a licence. 

He stated further that Priscilla and Brafuss Limited signed a loan agreement in which it was agreed that K405,000 be lent to the former to be paid back within a year, upon surrendering the certificate of title of the property. Katooka added that Priscilla with unknown people who accompanied her to Brafuss Limited forged his signature and signed an agreement purporting that the plaintiff authorised that the property be used as a security to obtain a loan. 

He stated that Priscilla failed to honour the agreement adding that Brafuss has since commenced the process of repossessing the property. Katooka stated that a search at the Lands and Deeds registry revealed that the property was encumbered with a mortgage by Brafuss Limited. He stated that he was not privy to the agreement purporting to offer the property as security for a loan as his signature was forged and therefore the said agreement was null and void Katooka stated further that as a result of Priscilla and the second defendant’s conduct, he had suffered loss and damage and now claims damages for fraud and a declaration that the loan agreement between the parties is null and void. 

He further seeks an injunction restraining Brafuss Limited from proceeding with the execution of the agreement, costs and any other relief the court might deem fit.