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29 sue Kabwe Council over landBy Diggers Reporter on 30 Sep 2017
Bernard Chisanga and 28 others have sued the Kabwe Municipal Council for repossessing their plots without notice.
The plaintiffs claim that in 2014, Chisanga who by then held the position of area councilor advertised commercial plots situated along the prime location of Great North Road.
The plaintiffs state that they applied for the plots and were offered the said piece of land to which they paid offer and development charges.
In a statement of claim dated September 27, Chisanga and 28 others stated that despite the land acquisition being recorded at the council, the authority has started developing the plots without following procedure for compensation and repossession.
The 29 claim that when they asked why their slabs were erased with a grader, the council told them that it was developing the area into a bus station.
They complained that no notification was served on them or any correspondents about the council’s intention to repossess the plots.
The plaintiffs stated that the council had no authority to reenter the said land because such power vested in the Commissioner of Lands.
The 29 accused the Mayor and the Town Clerk of using the land to “borrow heavily” for what they term PPP project.
The Plaintiffs therefore want the Lusaka High Court to order that the reentry of the 26 commercial plots by the council is illegal null and void.
They also want an injunction to restrain the council, its servants or agents from commenting on the matter or issuing misleading statements in the media.
The say the court should stop the council from advertising, selling and developing the land into a transit bus station until the determination of the matter.
The plaintiffs are further demanding for damages of unlawful occupation.
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