THE Seventh Day Adventist Association in Zambia [Registered Trustees] has sued over 30 people in the Lusaka High Court, seeking an order to recover possession of properties in Chipata occupied by the said people without licence or consent from it.
The association has sued Jeremiah Mukankaulwa and 20 others and Diden Tembo and 10 others as first and second defendants respectively.
According to an affidavit in support of originating summons for possession of properties, Pastor Moses Banda, the President of East Zambia Field and one of the Registered Trustees for the association on behalf of the Seventh Day Adventist Church in Zambia, explained that on March 16, 2007, the Church obtained Judgment in Default of Appearance and Defence, having sued the defendants on March 5, 2006.
He added that this was to recover 10 Churches which had been taken over by the defendants without the consent of the plaintiff, with costs for the whole matter being awarded to the plaintiff.
The plaintiff further stated that the Court on July 3, 2020 granted the plaintiff leave to file fresh application in relation to possession of properties since the Default Judgment so obtained on March 16, 2007 in favour of the plaintiff has never been challenged.
“In view of such grant by the Court on July 3, 2020, 1 am advised by my Advocates and verily believe to be true that the intent of the originating process is to seek an Order that would enable the plaintiff the owners of the properties take over all its premises that are occupied by the defendants and others unknown, without licence or consent from the plaintiff and it has become necessary that the plaintiff take possession of all its properties namely; Stand number 6115, Katopola, Chipata; Stand number 4860 Spring Side lane, Chipata and Stand Number 1981, Chipata,” Pastor Banda stated.
He stated that with passage of time, some defendants have become known and others unknown and as such the plaintiff does not know the names of any person who was occupying the said premises who was not named in the Originating Summons.
“In the premises, I humbly urge this Honourable Court to grant me this application to take possession of all the properties that have been occupied by the defendants and others unknown, without licence or consent from the plaintiff. I verily believe that the defendant will not be prejudiced in any way if this Honourable Court were to grant me the application as prayed for,” stated Pastor Banda in the affidavit.