Sat, 29 Jul 2017 12:19:25 +0000
By MUKOSELA KASALWE
FORMER Kapwepwe Ward 25 councillor Maurice Piyo’s wife Abigail Chabu has defied a High Court order to stop any development activities on a piece of land that is under dispute before the courts.
Ms Chabu has continue with her construction at the disputed Dagama ground which was a bone of contention in the Lusaka High Court following claims that the land in question was meant for the expansion of Lilanda Clinic, specifically for the construction of a new maternity wing.
This was in a matter before High Court Justice Susan Wanjelani, in which Ms Chabu sued the current Kapwepwe ward 25 councillor Patrick Salubusa over the piece of land and also applied for an interim injunction pending interparty hearing.
“It is hereby ordered that both the plaintiff and defendant and their agents, servants or whomsoever, shall not deal with the said property in any way till final determination of this matter or further order of this Court,” Judge Wanjelani said. Mr Salubusa argued that the land in question was Government property and so the construction of the maternity wing must continue without disruption.
But Ms Justice Wanjelani granted the application for an injunction restraining both parties from going ahead with their individual works until final; determination of the true owner of the land.
The Lady Justice in her ruling alluded to the inconsistence of the plaintiff who failed to show up for the inter-parte hearing despite being aware of the dates.
She heard that the plaintiff had continued building with her husband’s continued arguments over the ownership that “the atmosphere was not conducive especially with the plaintiff’s husband being armed.”
Matero Member of Parliament, Lloyd Kaziya had tried to intervene and asked the local authority for the revocation of Ms Chabu’s offer letter due to alleged mistake or fraud in the acquisition of the property.
Mr Salubusa had earlier informed the court that questions arose after requests to expand the health facility by the members of the community and it was found that Ms Chabu had been allocated the same piece of land in unclear circumstances.
Ms Chabu, who presented a letter of offer from the Lusaka City Council dated 21st January, 2016 and a land record relating to the property, argued that it belonged to her.
A spot check by the Daily Nation revealed that the court order had been defied by the plaintiff, Ms Chabu who had continued to carry out her building activities at the site despite there being a restraining order.
Lawyers to the councillor, Mweemba and Company Advocates have since written to the plaintiff’s lawyers who risked being cited for contempt.
“Please impress it upon your client to stop building on that land until further order of the court,” reads the letter in part.
