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MCA sues FAZ president over landBy Tenson Mkhala on 16 Nov 2016
MILLENNIUM Challenge Account has sued Football Association of Zambia president Andrew Kamanga for breach of contract following his demand for the contractor to vacate his premises as he takes back possession of a piece of land on lot No 3130/M Chamba Valley in Lusaka, which MCA had bought from him in addition to fulfilling construction works.
In their statement of claim filed in the High Court principal registry, MCA stated that Mr Kamanga was paid up to K269,469.11 as purchase price for 4 900 square meters of land meant for the construction of a water reservoir and commercial borehole to service Kwamwena and surrounding areas with piped water under the Zambian government.
“The agreed purchase price for the land required to carry out the work on 5 041 square metres was a total of K305 000, an amount valued by professionals engaged by the defendant himself as the forced sale value of the property,” MCA stated.
“Inadvertently, the contract of sale reflected a smaller portion of 4900 square metres, resulting in the defendant refunding the plaintiff an amount of K8,530.89 for the deficit of 141 square meters as he was unwilling to sell the same to the plaintiff. This resulted in a total purchase price of K296,469.11 being paid.”
MCA accused Kamanga of refusing to hand over the property despite fully paying for it, and that he had failed to refund them the monies paid towards the same property.
MCA environment and social performance director Pelekelo Chipango swore in an affidavit that despite the fulfillment payment, the defendant had ordered for the eviction of the contractor from the said property.
In an application for an exparte summons for an order of interim injunction to restrain the defendant from evicting them, MCA stated that while it was in the contract of sale to surrender the property upon full payment, the Millennium Challenge Account together with the Ministry of Lands had offered him several alternative pieces of land as promised but he had rejected the offer.
“That prior to signing the contract of sale, the plaintiff and the defendant were unable to reach an agreement on sale and purchase of the land required for the project and following a meeting held with various government officials, the defendant’s land was in or around June of 2014, recommended for compulsory acquisition among other properties. That following the said recommendation, the defendant re-engaged the plaintiff over the sale of the required land but as he was still reluctant to sell, the Ministry of Lands, through the then commissioner of Lands, by letter dated 28th November 2014 offered to give the defendant an acre of alternative land in addition to the consideration to be paid by the plaintiff,” the statement read. It was explained in court that over time, the Ministry of Lands had offered Mr Kamanga several pieces of land in Lusaka and Chikankata area which he had rejected, hence his decision to withdraw from the project,” read the application in part.Related Items
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