Kabwe council sued over land

Thu, 25 Jan 2018 10:11:42 +0000

By KALOBWE BWALYA

KABWE Municipal Council has been sued in court for failing to allocate plots to people who applied and paid for them in full.

In a statement of claim filed in the Kabwe High Court, Mr Charles Chomba, a Lusaka resident,   sued the council, Ministry of Lands and Natural Resources and the Attorney General.  He said he had suffered loss and damage after the council failed to show him the two plots he paid for.

Mr. Chomba claimed that on December 2, 2016, KMC, on behalf of the Ministry of Lands and Natural Resources, called for applications for the plots in Kamakuti area situated in Kabwe district and he and other people responded to the advert; and he applied for two plots.

He said his application was successful and he paid for the two plots in full.

He said despite paying the full amount, as stipulated in the demand notice using money he borrowed from Bayport Financial Services, there had been no positive response from KMC despite several follow-ups with the local authority. 

Mr Chomba said on October 9, 2017, he wrote a demand notice to KMC demanding immediate allocation of the said plots but the council, on behalf of the ministry, had ignored, failed or neglected to respond to him and give its position, leaving him in suspense and speculation.

“The plaintiff has suffered loss, mental anguish as the money he paid towards the demanded fees and the one intended to use for construction of the dwelling houses was just borrowed by the plaintiff from Bayport Financial Services and is accruing interest.

“The defendants have deprived the plaintiff the rights of building and owning shelter as one of the fundamental rights in the Constitution. The plaintiff now seeks indulgence of this honourable court to compel the defendants, as he and the family have no proper information on when the plots will be shown and allocated so that he can start developing them,” the statement of claim read in part.

Mr. Chomba said the defendants have no defence against his claims.