MPHO MATSHEDISO
The Gaborone High Court has concluded the hearing on the P25 million lawsuit brought against First National Bank Botswana (FNBB) by Boarekwe Moses for alleged injustices he suffered as a result of the bank’s recklessness.
Justice Omphemetse Motumise is expected to deliver the judgement on 28 June on the case after three days of the hearing that started on Tuesday and ended on Thursday last week.
Moses was suing FNBB for P25 million after the bank sent him to prison for what he had described as ‘unjust and reckless behavior by the bank”. According to court documents, on or about June 2010 Moses entered into a personal loan agreement with FNBB for P150,000 which he later struggled to service.
Consequent to that, FNBB issued a writ of summons through the High Court claiming payment of P105,670 as the outstanding capital loan balance. Subsequent to that, Moses moved swiftly to settle the bill, a deposit which he says FNBB neglected to capture to his detriment.
This was followed by the writ, a Warrant of Execution for Imprisonment of Debt was issued against Moses despite the payment he claims he made. According to the court papers, the incidents that allegedly preceded the arrest were assault, hostility and brutality followed by a week-long unlawful imprisonment.
Moses afterwards rejected an out of court settlement offer of P75 000 from the bank in 2019. He subsequently decided to sue FNBB.
The bank representatives in the case are Armstrong Attorneys while Moses is represented by Sikhumbusu Masuku of Masuku legal firm.