Former Lusaka Province Police commanding officer Chendela Musonda and another have sued Kafue District Council and 21 others in the Lusaka High Court, seeking an order that they are entitled to quiet enjoyment and possession of their land.
Musonda, a retired police officer, and Charles Mumba, an Information Technology specialist, are further seeking an order of interim injunction to prevent the defendants or their agents, servants or whosoever from trespassing and developing on their land.
The two, who have also sued the Attorney General, want a declaration that Musonda is the equitable owner of the land extending from plot 18981/M and 18982/M/Kafue in Lusaka Province, offered to him by the Kafue City Council on September 28, 2016 which is claimed by the first to 15th defendants respectively.
Musonda and Mumba also want a declaration that Mumba is the equitable owner of the land extending from plot 18979/M Kafue, offered to him by the Kafue City Council on September 28, 2016, which is claimed by the 15th to the 21st defendants.
In a statement of claim filed in the Lusaka High Court principal registry, Thursday, Musonda stated that he was a retired police officer and now consultant.
He added that he was the owner of stand no 18981/M and Stand no. 18982/M in Kafue District and equitable owner of the land measuring approximately 15m by 200m adjacent to the aforesaid stand numbers 18981/M and 8982/M.
Mumba, on the other hand, stated that he was an Information Technology specialist and owner of stand no 18979/M Kafue District and equitable owner of the land measuring approximately 15m by 200m.
Musonda and Mumba stated that the other 21 defendants were persons claiming ownership of their land.
They explained that on April 27, 2015, they applied to the Kafue City Council for extension of their respective properties of a bare piece of land along the old Lilayi airstrip that was there and adjacent to their properties, which was within the jurisdiction and control of the Kafue City Council.
Musonda and Mumba further stated that the Council, on September 28, 2016 under the hand of the council secretary, wrote to them respectively and offered them the land and were required to pay K37,500 each for the extension.
They stated that they went and paid the said sums of money respectively to the council for approval of the extensions of the respective parcels of land measuring diverse sizes.
Musonda and Mumba claimed that while the offers issued to them were still subsisting, the council,l on March 3, 2017, went ahead to consider applications made by the 21 defendants in respect of the same land that was already offered to them for extension without withdrawing the letters of offer in their possession.
They stated that they have been inconvenienced by the acts of the 21 defendants who claim ownership of the land which they applied for extension and was duly offered and paid for by them.
Musonda and Mumba added that as a consequence of the offers issued by the council and the State, they had been inconvenienced as they are unable to process their papers for extension of their land owing to the letters issued to the 21 defendants.
The two are now seeking an order directed at the council to cancel the letters of offer issued to the 21 defendants and an order for damages for inconvenience occasioned by the defendants to them.