By GRACE CHAILE LESOETSA
LAUGHING Trees Estates Limited has sued the State in the Lusaka High Court challenging the decision of Local Government minister to grant authority to Lusaka City Council to dispose of the Northmead car park when there was an existing lease agreement.
The applicant claims that it is the current sitting tenant of Northmead car park stand LUS/4518, Great East Road, Lusaka, thus the decision of the minister should be quashed.
It has cited the Attorney General as the respondent in the matter.
According to a notice of application for leave to apply for judicial review filed by its lawyers, L.J. Michaels Legal Practitioners, Laughing Trees Estate seeks an order for specific performance of the contract of sale and to direct LCC to complete the sale and be declared as lawful purchasers.
It has asked the court that the proceedings relating to the same piece of land in cause no. 2021/hp/0226 and cause no.2021/hp/0321 be stayed pending determination of the proceedings because if its prayer to quash the ministerial approval is granted, it will render LCC‘s purported sale an illegal contract incapable of being enforced.
Laughing Trees Estates chief executive officer, Mohamed Salim Akubat, stated they submitted their bid, attended interviews and on November 16, 2020, the company received an offer letter dated October 15, 2020 from LCC that they were successful bidders.
Mr Akubat stated that the letter indicated the said land had been offered to them on a 13 year lease and as per conditions , paid K900,000 in three installments on December 2, 15 and 16 ,last year.
“ In a letter dated 26th January 2021, LCC requested for Ministerial approval to dispose of the said land but omitted to reveal to the Minister of Local the existence of a 13 years lease between LCC and the applicant. In the same vein, the valuation done by LCC conspicuously omitted to reveal the presence of the said 13 year tenancy to the minister,” he stated.
He stated that on March 2, 2021, the then minister granted LCC authority to dispose of stand LUS/4518 without even informing the applicant.
Mr Akubat said he has been prodding LCC to issue them an official receipt for the purchase but to no avail.
“LCC has been in receipt of the purchase price paid by the applicant being K8 million since 9th March 2021 but has not granted the applicant possession of the property. Further LCC has been in receipt of the advance rentals paid by the applicant being K900, 000 since December 2020, but has not granted the applicant the possession of the property,” he said.
He stated that the ministerial approval was marred with procedural impropriety.
