MINISTER of Commerce, Trade and Industry Christopher Yaluma has dragged some squatters to the Lusaka High Court for allegedly building structures on his land without consent after bringing down a wall fence to the said property.
Yaluma, who has sued a Mr Chengo and other unknown people, claims the respondents have continued to obstruct and deny him access to the land despite reporting the matter to the Police and engaging them on several occasions.
He is now seeking an order of the court for the eviction of the said respondents and their agents from the land and an order restraining them from carrying out any activities, entering and being in occupation of the land covering Stand No. LUSAK/930060, Lusaka held under Certificate of Title No. 30846.
Yaluma also wants costs and any other relief the court may deem fit.
In his affidavit in support of originating summons filed in the Lusaka High Court, June 8, Yaluma explained that in 2016, he applied through the Lusaka City Council to be allocated a piece of land, now known as Stand No. Lusaka/930060, Lusaka.
“On or about March 24, 2017 a Certificate Of Title was duly issued in my name under Certificate of Title No. 30846 relating to Stand No. LUSAK/930060. To the best of my knowledge and belief, this is the only Certificate of Title that has ever been issued by the Ministry of Lands and Natural Resources relating to the physical parcel of land known as Stand No. LUSAK/930060,” he stated.
Yaluma stated that following the issuance of the said Certificate of Title, he proceeded to put the said physical parcel of land in a wall fence enclosure.
He, however, stated that unknown to him, the only known respondent, Chengo and others unknown, brought down the wall fence and proceeded to erect shops, a car wash and other structures on the said physical parcel of land and started carrying on their businesses without any lawful cause or obtaining any consent to do so from him.
“That despite reporting the matter to the Police through Matero Police Station and engaging the respondents on several occasions to stop being illegally in occupation and carrying out their business on the said physical parcel of land, the respondents have contumeliously disregarded my rights as the lawful owner of the physical parcel of land known as Stand No. LUSAK/930060, held under a Certificate of Title No. 30846 held by me, and have continued being in occupation of the same without my consent or licence,” read the affidavit.
“The respondents have continued to obstruct and deny me access and entry into the physical parcel of land covered by the Certificate of Title No. 30846 for Stand No. Lusak/930060, Lusaka without any lawful cause and have continued being in occupation of the unexhausted improvements erected thereon.”
Yaluma stated that the respondents, being squatters and having no lawful claim to the physical parcel of land had further obstructed him from entering and gaining access to the site to enjoy quiet enjoyment of the land.
He added that in the premises, he seeks the indulgence of the Court to grant him the reliefs as prayed for.