A LOCAL law firm has threatened to sue the Twelve Apostles Church in Christ if it fails to refund their client, Tšabalira Moeletsi, M80 800 he is allegedly owed.
According to the letter of demand written by Kautu M Moeletsi Chambers firm to the church, the money should be paid to Mr Moeletsi as a refund after the church allegedly failed to transfer ownership of a piece of land he had bought.
Part of the letter, dated 30 August 2016, reads: “By this letter of demand please be informed that we are acting as legal representatives of Mr Tšabalira Moeletsi and we are acting herein in that capacity.
“We have specific instructions to demand from you as we hereby do payment of the sum of eight thousand, eight hundred Maloti (M80 800) being money owed and payable to our client – Mr Tšabalira Moeletsi.
“We are advised that on or around the 17th July 2011, client in his personal capacity and in the presence of his two independent witnesses, namely Ramoitoi Moeletsi and Mojabeng Bolai concluded and entered into a written agreement of deed of sale with Twelve Apostles Church in Christ represented in that capacity by Mr Tiea Molupe and witnessed by Molefi Tsejane, Makhabane Mapetla and Tšeliso Lintša.”
The letter stipulates it was a condition in the sale agreement that the church would give Mr Moeletsi the relevant ownership documentation when he had paid the sale amount in full.
But Mr Moeletsi’s lawyers allege the church did not hand over ownership of the site – situated in Khubetsoana, Maseru – to their client.
“We are further informed that a ‘Memorandum of Agreement of Sale entered into by and between Twelve Apostles Church in Christ and client (Mr Tšabalira Phillip Moeletsi paid you a sum of M80 800 being the purchase price of an immovable property consisting of a site of the following measurements: 36.7 x 63.3 x 57.7m located at Khubetsoana in the district of Maseru.”
The site in question is site number 113273-135, according to the letter addressed to the church.
“It was a specific term of your agreement of deed of sale with client that ‘ownership of the property shall be given to the purchaser (i.e. client) upon payment of full purchase price’,” the letter states.
“According to (the) client, since full and final payment of the purchase price in respect of the plot in question, you have deliberately ignored, refused and/neglected to effect the process of passing over ownership of the plot in question to him as provided for in your agreement of deed of sale referred to above.”
The lawyers also say Mr Moeletsi informed them the church facilitated the issuance of a lease document on the same land for another person.
The church has only seven days from last Tuesday to refund Mr Moeletsi failing which it faces legal action.
The money, according to the letter, should be paid with additional costs of 10 percent being collection commission as well as M700 as costs for the letter of demand written to the church.
“Failure on your part to act as demanded will leave us with no option but to institute a robust legal action against you in the courts of law without any further notice,” reads part of the letter, which is signed by Advocate Kautu Moeletsi.
Efforts to get a comment from the Twelve Apostles Church in Christ authorities were fruitless yesterday until going to print.