THE Lusaka High Court has ruled in favour of Lusaka City Council (LCC) over the illegal sale of stand no. 3244 in Lusaka’s Kamwala area which was a bus station for the defunct United Bus Company of Zambia (UBZ).
High Court Judge Chalwe Mchenga has since found lawyer, Gilbert Lungu, who is former LCC director of legal services liable for the illegal sale of the property.
The piece of land was illegally sold to Husty Mwachilele and Mohamed Yusuf Patel.
In a statement to the Daily Nation yesterday, LCC assistant public relations manager Brenda Katongola said the court reversed the illegal sale and reverted the ownership of the property to the council as the legal owner.
“The Lusaka City Council has won the case in which Husty Mwachilele and Mohamed Yusuf Patel sued LCC claiming to be the legal owners of stand 3244 Chilumbulu road (former UBZ land).
“The court also accepted the submission by LCC’s director of legal services Mr Mwape Moono that Mwachilele, Gilbert Lungu and Patel had all colluded to defraud LCC and conclude an illegal sale of stand 3244 Chilimbulu road, Lusaka,” she said.
Ms Katongola said the court had earlier received LCC’s evidence which declared the offer letter issued to Husty Mwachilele in 1998 as irregular, and therefore illegally sold.
This comes in the wake of illegal land scams recently exposed at the local authority, with the sale of Looters basketball court which remains controversial following revelations that council officials were involved in illegal sale of council property.
Mr Katongola said the court also accepted the submission by Mr Moono that Mr Mwachilele, Mr Lungu and Mr Patel all conspired to defraud LCC.
In delivering judgment on June 29, 2015, Judge Mchenga said; “I accept Mr Moono’s submission that there was collusion between Patel and Gilbert Lungu when the stand was sold to him. I also find that Mwachilele was also a part of it.
“Consequently I find that LCC is the rightful owner of stand 3244 Chilimbulu road,” he said.
Mr Lungu was dismissed as LCC legal director and was allegedly facing criminal prosecution by the Anti-Corruption Commission (ACC) regarding the purported sale.