THE Lusaka High Court has refused to grant Given Lubinda Foundation Limited an interim injunction to restrain Kamwala UPND ward councilor Mainda Simataa from interfering with its peaceful and quiet enjoyment of a property in Kamwala South.

The court dismissed the application on grounds that it lacks merit.

This is a matter in which Given Lubinda Foundation Limited sued the Kamwala UPND ward councilor in the Lusaka High Court over a portion of land in the area.

The foundation also wanted the court to grant it an order restraining Simataa, his servants and agents from interfering with its peaceful and quiet enjoyment of stand No 14726/917/Rem in Kamwala South.

The suit was filed after Simataa reported former Justice Minister Given Lubinda, who is also former Kabwata PF member of parliament, and another to the Anti-Corruption Commission for allegedly being in possession of a community Play Park in Kamwala, which he said was reasonably suspected to be a proceed of corruption.

But ruling on the foundation’s application for an order of interim injunction, High Court Judge, Catherine Lombe Phiri said she had carefully looked at the issues raised and found that the claims as they were set out and the case as pleaded, did not reveal a clear cause of action.

“On that front alone this application lacks merit and is dismissed,” Justice Phiri said.

In a statement of claim filed in the Lusaka High Court earlier, the foundation stated that it was a company engaged in the support of vulnerable people through projects, scholarships, campaigns for children and women’s rights skills training and development.

The Given Lubinda Foundation stated that it has a subsisting lease from the Lusaka City Council on stand no 147226/911/Rem, in Kamwala South, to August 3, 2033, which period was subject to extension on account of developments made on the said stand.

The company stated that its occupation of the property was previously confirmed by a consent judgement dated August 23, 2018 in the matter of Mulawo Mwanza V Lusaka City Council and Given Lubinda Foundation.

The plaintiff stated that by Clause 3 (1) of the lease agreement with the Lusaka City Council, the said council by way of a covenant on its part, agreed that the foundation shall peacefully hold and enjoy the demised premises during the said lease period without interruption by the council or any person.

“Notwithstanding the foregoing, and knowledge of the fact relating to the defendant’s occupation of stand no 14726/977/Rem, the defendant severally and jointly with other persons have appeared on several media platforms, including his Facebook page, and accused the plaintiff of illegal occupation of the stand in question,” the claim read.

The foundation stated that Simataa has accused some of the directors of the foundation of attempting to dispose of the stand, which it says is intended to paint it and its directors black with the ultimate goal of coercing the foundation to vacate the subject land.

The plaintiff stated that in a public display of abuse of office of councilor, Simataa has gone further to declare that he would recommend or ensure that Andrew Lwenje, one of the plaintiff’s directors was dismissed from the public service.

“The defendant acting severally and jointly with other persons has continued to disturb or interfere with the plaintiff’s peaceful enjoyment of the stand herein and threatening forceful eviction of the plaintiff despite the fact that he is a member of the Lusaka City Council,” read the claim.

The Foundation stated that all efforts to stop Simataa from interfering have proved futile, hence asking the court to intervene.