By GRACE CHAILE
THE Lusaka High Court has ordered the State to pay Horizon Education Trust Limited K45 million, being compensation for the compulsory acquisition of the school now Kabulonga Trust Schools.
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This is according to a judgement on assessment rendered by High Court District Registrar, Ms Musonda Mwandira, on August 23, 2023.
In this matter, Horizon Education Trust Limited, citing the Attorney General as respondent, sought an order of certiorari to quash the decision by Government to compulsorily acquire stand number KABUL/N_59565/196 in Kabulonga, known then as Horizon School.
It was agreed by both parties that Government would compensate for all the unexhausted improvements and movable properties that the respondent (State) had taken over and that in default of agreement, the compensation shall be referred for assessment.
In 2021, Horizon Education Trust School applied in the Lusaka High Court for an order of assessment of compensation to ascertain the amount Government has to pay for immovable and movable properties after taking over the school.
This followed the consent judgement ordering Government to compensate Horizon.
In their submissions, they pleaded with the court to order the state to compensate them K68 million for the immovable property and US$377, 000 for the movable assets.
The State however argued that the market value for the properties was K18 million.
Ms Mwandira , however said the K18 million as the market value was not adequate to (GC1) be a representation of the fair and reasonable market value of the property in issue as contemplated by Lands Acquisition Act.
“While I am fully aware that the land in issue belongs to the Republic of Zambia, I took full cognisance of the improvements that added value to the property and the quality of the structures and fittings as I perceived them. In my own analysis the market value of the property cannot be less than K45, 000, 000. I therefore find that the adequate compensation of property of that magnitude at market value should be K45, 000 ,000,” she said. She granted the Attorney General Mulilo Kabesha leave to appeal if dissatisfied with the decision.
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