Libala Tennis Court owners sued

It took one day for the  Chinese investor, Hua Feng Construction who “bought” the land surrounding Looters tennis and basketball courts in Lusaka to obtain the title deed for the piece of land on the same day he paid, it has been revealed.

Court documents obtained by the Daily Nation have revealed that Hua Construction paid the Lusaka City Council a consideration of K12,150,000 on 27th May, 2015 and that the  Chinese investor was in fact given title deed on the same day of the transaction.

The speed and the efficiency of the Lusaka City Council in the sale of Libala Tennis Court which has since seen the suspension of Libala Ward 7 Councilor Emmanuel Chanda from the council and the Patriotic Front (PF) has shocked residents of Libala.

Now, Hua Feng Construction has been dragged to court by Kenneth Mashowo and Kennedy Siyanda who were operating as Ken’s Blocks and Property Development Enterprise and Dynamic Datanet Services for being evicted from the piece of land where they were conducting their business.

Mr Mashowo and Mr Siyanda who were running the business of making concrete blocks within the area said in their statement of claim that they were violently evicted from the piece of land using political cadres.

The duo through their lawyers HH Ndlovu & Co submitted in their statement that upon the controversial sale of the piece of land, the two automatically became tenants and should have been notified before being violently evicted from the land where they had been operating for years.

They submitted that between April and May this year, come Chinese nationals in the company of Lusaka City Council officials started frequenting the Libala Tennis Court and that the two were asked during the period if they were tenants on the piece of Land.

“The defendant bought the Libala Tennis Court from Lusaka City Council at a consideration of K12,150,000 and on 27th May, 2015, acquired tittle deeds to the said land. The record shows that the defendant assignment was processed and tittle deeds issued the same day,” Mr Mashowo and Mr Siyanda said in their statement of claim.

The stated that they were evicted from the piece of land by political cadres who threatened them with violence and that the duo had no choice but to run away leaving their materials behind after which the Chinese blocked them from having access to their materials by erecting a fence around the area.

Mr Mashowo and Mr Siyanda claimed that the Chinese investor had pledged to compensate them for the breach of tenancy laws and loss of business threatening that if the duo were not going to accept the money, they were going to face the wrath of the political cadres.

Mr Mashow and Mr Siyanda said in their statement that because of the fear to be beaten by the cadres, they had no choice but to accept the money in amounts of K15 000 and K10 000 respectively.

The duo said the acquisition of plot number 20435, Lusaka by the defendants was governed by the Landlord and Tenants Act and that the tittle deed was a subject to the rights of the plaintiff.

“The plaintiffs are seeking an order that their eviction was unlawful and in breach of the tenancy and amounts to unlawful termination,” the statement of claim reads.

Categorized | Court News

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