TAP (Zambia) Limited has sued the Road Development Agency (RDA) and AVIC International (Zambia) Limited in the Lusaka High Court for allegedly failing to construct a wall fence to secure its property before demolishing the old one.
Its now demanding specific damages of over K10,000,000, being the replacement value of the vandalised buildings and stolen property on its factory in Chilanga.
TAP (Zambia) Limited is also claiming general damages for negligence, damages for loss of business, interests, costs and any other relief the court may deem fit
In a statement of claim filed into the Lusaka High Court principal registry, April 6, TAP (Zambia) Limited stated it was a company dealing in the business of producing of asbestos products.
It added that RDA’s function was to plan, manage and co-ordinate the road network in Zambia while AVIC International was in the business of providing construction services.
TAP (Zambia) Limited stated that sometime in 2019, it was orally agreed between it and the defendants that RDA and AVIC would demolish a boundary wall fence erected around TAP (Zambia) Limited factory at Subdivision A of farm 1880, in Chilanga.
It further stated that it was a condition of agreement that a new boundary wall would be erected before the demolition of the old wall fence was effected to ensure security of the company’s movable and immovable property.
TAP (Zambia) Limited however, stated that on May 20, 2019, acting in breach of the agreement and the duty to reasonably preserve the company’s property, the defendants negligently proceeded to demolish the old wall fence before erecting the new wall fence thereby leaving TAP (Zambia) Limited’s property at risk of damage and vandalism.
“The defendants failed to ensure that the plaintiff (TAP (Zambia) Limited’s) premises were protected by erecting a new fall fence before demolishing the old wall fence and also failed to construct a wall or fence to secure the property,” read the statement of claim.
It stated that despite several reminders and correspondences, the defendants had refused or neglected to erect the new wall fence around TAP (Zambia) Limited factory to avoid vandalism and theft of its property.
TAP (Zambia) Limited added that as a result of RDA and AVIC’s breach and negligence, it had suffered loss and damage.
It stated that it’s property was invaded by criminals who vandalised, festooned the buildings and stole property worth K10,650, 879 belonging to it.
TAP (Zambia) Limited stated that it was entitled to the sum of K10,650,879 being the replacement value of the vandalised buildings and stolen property on its factory.