Fri, 15 Dec 2017 10:55:11 +0000
By Chintu Malambo
THE Lusaka High Court has discharged an injunction granted to Luangwa PF ward councillor Bernard Chisanga and 26 others restraining Kabwe Municipal Council’s intention to repossess 26 plots and construct a bus station on grounds that it lacked merit.
Earlier, Mr Chisanga and the 26 applicants of the said plots had sued the council claiming that the purported re-entry of their 26 plots without following procedure was illegal, null and void.
The complainants indicated that they were successful applicants to commercial plots in Lukanga Township in Kabwe. The plaintiffs, who were represented by lawyer Tutwa Ngulube were also claiming damages for unlawful occupation and development of the said plots.
They stated that they applied for the plots and were offered the said piece of land to which they paid offer and development charges.
They claimed that despite the land acquisition being recorded at the council, the authority has started developing the plots without following procedure for compensation and repossession.
They complained that no notification was served on them or any correspondents about the council’s intention to repossess the plots and further asked the court to order an interim injunction restraining the council from clearing, developing, leasing advertising or selling of the plots until final determination of the matter.
But the Kabwe Municipal council in their defence said the granting of an injunction restraining them from proceeding with works would affect the agenda for development of Kabwe town by the Local Government. The council indicated that they offered alternative plots to pave way for the construction of a transit bus station.
High Court Judge Mathew Zulu said it was not disputed that the council made recommendation to the ministry of Lands so that the complainants could be granted certificates of title for the said plots but that the process was not completed before the council repossessed the plots in dispute.
In his ruling Judge Zulu said that the complainants had no title to the plots except for the fact that they were offered by the council.
He said the complaints would not suffer any irreparable damage as the council had shown willingness to address the issue of alternative plots and therefore discharged the interim injunction granted on October 4, 2017.
“On the evidence on record, I do not see the irreparable damage that the plaintiff would suffer as any loss, if any, properly quantified can be atoned for in damages. The council in the Affidavit in opposition has shown willingness to address the issue of alternative plots.
“Accordingly, the order of interim injunction granted on October 4 2017 is vacated and discharged, as it lacks merit,” Justice Zulu said.
