SIMOSON building proprietor Simon Mwewa Chitambala has been sued by his tenants who are seeking an injunction to restrain him from evicting them from the shops which they have rented for over 18 years.
According to a statement of claim filed in the Lusaka High Court, Mulenga Chanda and 20 others, who are joint traders, have challenged the eviction notice written by Chitambala.
The plaintiffs explained that they had been joint traders at Simoson building at stands number W34C and W6, Simon Mwewa Lane, Lusaka.
They also stated that they were joint traders of phones and phone accessories, among other merchandise and had never failed to pay rental charges for the 18 years that they had occupied the said shops.
Chanda and the others stated that they had been paying rental charges at K4,900 for stand number W6 and K970 at stand number W34C per month and sometimes they would pay rentals in advance.
The plaintiffs lamented that Chitambala had however issued an eviction letter with intent to remove them from the said stands.
They further stated they would aver at trial that should Chitambala be allowed to proceed with his intentions of evicting them, they and their families shall be left in absolute poverty as the said stands were the only source of their livelihood income in which they support their families.
“Furthermore, the plaintiffs have obtained a loan which is still running at AB bank which loan is being repaid back by the plaintiffs through the earning realized from the sales at the said joint-owned shops by the plaintiffs,” read the claim.
They stated that Chitambala had given them up to August 25 in which to vacate the said premises without any justifiable reasons, as they truly believe they have never abrogated any such lease agreement nor have they failed to pay rentals.
The plaintiffs are therefore seeking an order of injunction restraining the defendant, either by himself, servants, agents or whosoever from evicting the plaintiffs from the said premises until the final determination of the whole matter.
They are also seeking an order that the plaintiffs should continue trading at the stands as they have not abrogated any terms and conditions of tenancy and any other relief the court may deem fit.