TAP (Zambia) Limited has applied for leave of the Lusaka High Court to make amendments to a case where it has sued the Road Development Agency (RDA) and AVIC International (Zambia) Limited for allegedly failing to construct a wall fence to secure its property before demolishing the old one.
TAP (Zambia) Limited says it was informed that the right defendant to the proceedings is Avic International Project Engineering Company and not AVIC International (Zambia).
In this matter, TAP (Zambia) had sued RDA and AVIC International (Zambia) Limited, demanding specific damages of over K10,000,000, being the replacement value of the vandalised buildings and stolen property on its factory in Chilanga.
It’s also claiming general damages for negligence, damages for loss of business, interests and costs.
TAP (Zambia) has now filed an affidavit in support of summons for an order to amend its writ of summons and statement of claim.
TAP (Zambia) managing director Martin Pikira explained that the company issued the process against the defendants on April 6, this year.
He stated that upon serving the writ of summons and statement of claim on Avic International (Zambia) at their registered offices, their lawyers were informed that the right party to the proceedings was Avic International Project Engineering Company.
Pikira stated that if the said anomaly was not amended, it would result in the wrong party being sued in this action.
He stated that it was necessary for TAP (Zambia) to amend its originating process to ensure clarity as to the issues in contention between the parties and provide the Court with precise and conclusive material facts to support its claims.
In its statement of claim, TAP (Zambia) Limited stated that it was a company dealing in the business of producing asbestos products.
It stated that sometime in 2019, it was orally agreed between it and the defendants that the RDA and AVIC would demolish a boundary wall fence erected around TAP (Zambia) factory at Subdivision A of farm 1880 in Chilanga.
TAP (Zambia) added 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.
It, 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.
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 its property was invaded by criminals who vandalised, festooned the buildings and stole property worth K10,650,879 belonging to it.