Kabesha revives Munali School land wrangle

By GRACE CHAILE

THE Attorney General, Mulilo Kabesha, has filed a lawsuit against alleged illegal occupants of the Munali School land, asking the High Court to set aside the consent judgement dated August 21, 2021, which declared them legal owners of the land in question.

In a statement of claim filed in the Lusaka High Court, Mr Kabesha states the 14 plaintiffs cited in the matter illegally occupied the land popularly known as the Munali Tunduya Land.

He contended that there was misrepresentation of facts in the manner in which the consent judgement was entered into under the cause no.2020/HP/0277.

 Emmanuel Mulenga, Yvonne Sinkala, Charity Muzala Mututubanya, Makasa Jere, Nanyatonya Ngambi, Friday Sikazwe, Moses Lungu and Maureen Lukoba cited as first to eighth defendants.

Others are Patheni Chama, Roy Mambilima, Mwendabai Hazele, Joseph Chewe, Agness Phiri and Bernard Nshindo

Mr Kabesha who is also claiming damages state that on September, 2017, the Ministry of General Education wrote to the Lusaka City Council (LCC) to re-plan stand no.7425 which houses on it the following schools: Munali Boys Secondary, Munali Girls secondary, Tunduya Primary, Kaunda Square Secondary, Mumana and School of Excellency.

“Instead of partitioning the land among the schools therein, the LCC went further to create residential and commercial properties on the said piece of land and offered the same to the defendants. On 2019, Lusaka Province minister having realised that the school land was encroached upon, ordered for the demolition of structures that were built on the school land,” he said.

He stated the defendant’s challenged the demolition exercise by filing a lawsuit against the State and LCC.

Mr Kabesha said the parties settled the matter by way of consent judgement in which it was agreed that the defendants were legal owners of the land the Lusaka Province minister alleged was occupied illegally.

He said the Ministry of Lands was directed to proceed with the issuing the defendants with offer letter and subsequent certificates of title as was recommended by LCC.

And that the State and LCC would pay the defendants K150, 000 as compensation for the demolished structures.

“That the 4th, 5th and 9th plaintiffs who were never part of the court proceedings but that had their names added to the list of plaintiffs by Mr Emmanuel Mulenga, the then PF ward chairman. The 4th and 5th plaintiffs were shocked that their names were used to obtain the said judgement,” he said.

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