Sixty-three members of the Twatasha Multi-purpose Co-operative Society have sued their chairman Erick Musoka and the Kitwe city council in the Kitwe High Court over plot number 693, Itimpi, in Garneton.
Samuel Chilange and 62 other members suing as members of Twatasha multipurpose co-operative society are asking the court to give them a declaration that they are the legal owners of plot 693.
They are also asking the court to grant them an interim injunction to restrain Mr Musoka and KCC from encroaching, trespassing, demarcating, allocating and interfering with the plaintiffs’ enjoyment and possession of plot number 693.
They also want an order directing Mr Musoka and KCC to expedite the issuance of the certificate of title for the said plot.
They want an order revoking the sub-division made on plot 693.
The plaintiffs have said on October 9, 1998, the community of Twatasha formed a cooperative and a certificate of registration was issued under the Co-operative Societies Act.
And on September 22, 2010, through the KCC, the plaintiffs applied for agriculture land and a resolution was made by a full council meeting to offer land to the co-operative in Itimpi.
On December 28, 2010, KCC wrote to them that a substantial piece of land had been allocated to them and requested them to pay a service charge of K20,000 and families moved on the said plot, built structures and were currently engaged in various agriculture activities.
But in 2011, Twatasha Multi-purpose Co-operatives allegedly started displacing and evicting deserving members from the land and selling the land in question to wealthy businessmen and companies at the expense of the poor people.
The plaintiffs said the defendants have gone to the extent of giving letters to unknown people and non-members of the cooperative to displace the poor majority contrary to the purpose for which the land was offered.
They told the court that efforts to have titles deed issued to them have failed because KCC has delayed in processing the required documents to be forwarded to the Ministry of Lands.