PIONEER Safari Lodge Limited and another have sued former Speaker of the National Assembly Amusa Mwanamwambwa for allegedly restricting and limiting their access to their properties.
Pioneer Safari Lodge and Chriss Christian Wienand, who have also sued the Attorney General, explained that an access road to and from their properties is through the former Speaker’s retirement house which was built for him by the State.
They are now seeking a declaration that they are entitled to a right of way from their properties through the access road.
The plaintiffs also want among others, damages for inconvenience, loss of quiet enjoyment and loss of business.
In a statement of claim filed in the Lusaka High Court, Pioneer Safari Lodge stated that it was the Legal owner of property No. Subdivision 9 of Subdivision W of Farm No. 380a, while Wienand was the Legal owner of Subdivision 10 of subdivision W of farm 380a.
The plaintiffs stated that Mwanamwambwa was the former Speaker and the Legal owner of Subdivision C1 of Farm 380a which was ceded to the Zambian State to build the retirement house for the former Speaker of the National Assembly.
They stated that Wienand purchased subdivision W of farm 380a in 1972 until he sold Subdivisions 9 and 5 of subdivision W of farm 380a to Mwaleshi Safaris Limited and were subsequently sold to Pioneer Safari Lodge in 2008.
They added that Wienand was left with the remaining extent being Subdivision No. 10 of Subdivision W of Farm No. 380a.
“The second plaintiff (Wienand) shall aver that an access road is marked on his Certificate of Title after the Subdivisions 9 and 5 of Subdivision W of Farm 380a were created through the second defendant’s (Mwanamwambwa) property as their only route to and from the plaintiffs’ properties,” read the claim.
“The plaintiffs and their predecessors in title of the said pieces of land and the several occupiers thereof have for the full period of 48 years and more next proceeding the commencement of this action enjoyed as of right and without interruption the said way described above for the purpose of passing and repassing by themselves, their servants on foot or with their vehicles and clients at all times and for all purposes and have no alternative route to use.”
The plaintiffs stated that Subdivision C1 of Farm 380a was ceded to the Zambian State in 2011 for the State to build Mwanamwambwa, his retirement house property being Subdivision C1 Farm 380a in 2013.
They stated that the State in granting planning permission and creating the survey Diagram of Subdivision C1 of Farm 380a, the Surveyor General failed or neglected to recognize the existing access road on the said Survey Diagram.
The plaintiffs stated that on unknown dates, Mwanamwambwa placed gates at every entry point to their properties and restricted access thereto by restricting timing of entry by placing sign posts.
“The sign posts stating as follows; (I) Meanwood gate Opens at: 06:00 AM Closes at: 7:00 PM. (ii) Pioneer gate opens at 05:30AM Closes at 08:00 PM. (iii) Twatasha gate Opens at: 06: 00AM Closes at: 07:00 PM,” read the claim further.
They stated that the restricted times had infringed on their freedom of movement from their properties through an access road and had caused hardships to their businesses they were running on their properties, including Pioneer Safari Lodge’s business of Tourism, lodging and restaurant facilities.
Pioneer Safari Lodge stated that it has as a result of the barriers and restricted times lost clients who have complained of being greatly inconvenienced due to the barriers and restrictions created preventing unlimited access to their premises.
The plaintiffs stated that they had tried time and time again to engage the defendants to resolve the issue amicably but to no avail.
“The second defendant (Mwanamwambwa) has therefore restricted and limited the plaintiffs’ access to their properties by placing the three gates as well as restricting rights of entry and more so obstructed, hindered and prevented the plaintiffs from exercising their said right of way and the second defendant threatens and intends to continue to do so,” read the claim.
Pioneer Safari Lodge and Wienand now want, among others, an injunction restraining Mwanamwambwa by himself, servants or agents from placing or allowing to be placed on the said way either substantially restricting, preventing or otherwise interfering with the reasonable enjoyment of the said way by them, their servants, clients and licensees on foot, motor vehicle or other conveyances at all times and for all purposes and from doing any act whereby they may be hindered or obstructed in the free use thereof.