Alliance Media Zambia (AMZ) has discontinued the case in which it sued Lusaka City Council in the Lusaka High Court for uprooting their structures at Kafue round about.
Earlier, Alliance Media Zambia said LCC breached the contract when they indiscriminately and without due care uprooted their structures despite having granted approval.
According to a statement of claim filed in the Lusaka High Court on March 23, AMZ stated that they had applied to LCC on December 7, 2017 for approval for billboard construction at five roundabouts at various locations in Lusaka.
AMZ further stated that they were informed by the LCC that their application had been approved for only three sites which were Airport round about, Kafue and Woodlands round abouts.
They stated that much to their surprise, LCC served them with a stop notice relating to the development at Kafue round about when they had proceeded to commence works at respective sites.
“On February 27, 2018, LCC did inform AMZ in writing that its application in above had been approved for only three sites I.e Airport round about, Kafue round about and Woodlands round about. Pursuant to the letter of approval above, AMZ proceeded to commence works at the respective sites by engaging contractors to undertake various works in accordance with the conditions set out in the letter of approval. Much to AMZ’s suprise on March 20, 2018 LCC did serve upon AMZ a stop notice or call out relating to the development at the Kafue round about,” stated AMZ.
AMZ stated that after meeting officials from LCC on March 21, they were requested to remove the installation at the Kafue round about based on the premise that there were road expansion works that LCC wished to undertake.
“On March 21, 2018, the deponent herein did meet with officials from the LCC and explained AMZ’s position regarding the development at the Kafue round about. At the meeting the deponent herein was requested to remove the installation at the Kafue round about based on the premise that there were road expansion works that the LCC wished to undertake. On March 21, 2018, LCC issued AMZ with a notice of removal for the advertising structures on the three roundabouts with seven days thereof despite having granted approval less than a month ago,” they stated.
AMZ stated that LCC breached the terms of approval granted by removing their structures at Kafue round about indiscriminately and without due care.
“On March 22, 2018 AMZ wrote to LCC requesting for a meeting with the relevant officials at LCC premises to resolve the issue considering that AMZ had installed a massive structure at the Kafue round about at a huge cost. That in disregard of AMZ request in above and its own letter date March 21, 2018, werein AMZ was given an ultimatum of seven days, on March 23, 2018 AMZ proceeded to indiscriminately and without due care remove AMZ structures. The exercise was being done without giving AMZ an opportunity to resolve the issue or to remove its own structures with due care and expertise. LCC is in breach of the terms of approval granted to AMZ by proceeding in the manner above,” they stated.
AMZ claimed for an injunction retraining LCC from removing their structures at Kafue round about.
They were further claiming for damages for breach of contract by LCC.
“AMZ claims for: (I) An injunction restraining LCC either by itself or servants or agents from removing /demolishing or uprooting AMZ structures at Kafue roundabout. (ii) Damages for breach of contracts. (iii) Damages occasioned to AMZ property by LCC. (iv) Interest on all sums found due. (v) Any other relief may deem fit and just. (vi) Costs,” they stated.
However, AMZ filed a notice of discontinuance on March 28, to discontinued their action against LCC without prejudice to commence.