By GRACE CHAILE-LESOETSA
FORMER Speaker of the National Assembly, Amusa Mwanamwambwa, has denied allegations by Pioneer Safari Lodge and another complainant that he was restricting them a right of way from their properties through an access road.
Mr Mwanamwambwa has instead alleged that Pioneer Safari Lodge and Chriss Christian Wienand do not want to employ a security guard to man the gate because they want to save money.
He said they told him that they did not budget for the expenses or cost of manning the gate.
The lodge and Mr Wienand have in this matter sued Mr Mwanamwambwa, seeking a declaration that they were entitled to a right of way from their properties through the access road.
Pioneer Safari Lodge and Mr Wienand also cited the Attorney General in the matter and are seeking an order that Mr Mwanamwambwa should pay them damages for inconvenience, loss of quiet enjoyment and loss of business.
They also want an injunction restraining Mr Mwanamwambwa from restricting, preventing or otherwise interfering with the reasonable enjoyment of the way.
But in an affidavit in opposition of ex parte summons for an order of interim injunction, Mr Mwanamwambwa filed in the Lusaka High Court recently, he stated that the supporting affidavit by Pioneer Safari Lodge Limited and Mr Wienard were unnecessarily repetitive .
He explained that in the late 1980s his wife, Catherine Allagoa Mwanamwambwa and him, acquired farm no.380a in Palabana area, then part of Lusaka district.
“That upon my retirement in 2011, a portion of land was subdivided from farm 380a and ceded to the State for the specific purpose of building my retirement house, as per my statutory conditions of service. The portion in question is now Subdivision no.1 of farm No. 380a,” he stated.
Mr Mwanamwambwa stated that there was no omission or negligence on the part of the State to include a road on his gate as there had never been a road cutting across his land to the plaintiff’s land.
He stated that even before the subject land was ceded to the State to build his retirement house, as evidenced by the Certificate of Title he has, he took occupation of the retirement house in 2015.
Mr Mwanamwambwa said because of his passion for tourism, he had set up a game ranch on Subdivision 1 of farm 380a and among the animals he is keeping are eland, impalas, duikers and clawless ottos.
Mr Mwanamwambwa stated that the Meanwood gate and the Twatasha gates were too far from the plaintiffs as they were located on the western part of his farm while the plaintiffs claimed the land was located on the eastern part of the farm.
Mr Mwanamwambwa stated that it was not true that he restricted entry and exit access to Pioneer Safari Lodge.
He stated that the plaintiffs have not suffered any loss, damage or inconvenience and that the said gate was at all times accessible to them.
By GRACE CHAILE-LESOETSA