Solwezi council sued

A RESIDENT of Solwezi has sued Solwezi Municipal Council and two others for allegedly grabbing three pieces of land which the local authority earlier allocated to him.
This is in a case in which Cosmas Shaba has sued Solwezi Municipal Council, Changa Changa Motel  and Badat Ahmed as first, second and third defendants, respectively.
According to statement of claim filed in the Lusaka High Court, Mr Shaba said he has suffered loss and damage as a result of the intentions by Solwezi Municipal Council to allegedly illegally grab his properties and allocate them to Changa Changa Motel and Badat Ahmed.
Mr Shaba wants the court to declare him as the beneficial owner of the three properties.
He argues that he is alone entitled to the quiet possession and enjoyment of the properties to the exclusion of the council and others.
He also wants an order that the purported cancellation and renumbering of the properties by the council and subsequent re-allocation to the two people is null and void for illegality.
“I further want an order of injunction restraining the council or their agents from coming onto, trespassing or otherwise disturbing me from the quiet possession, enjoyment and development of the properties. I also want costs of and incidental to these proceedings and further relief which the court will deem fit,” Mr Shaba said.
According to an affidavit in support of summons seeking an interim and interlocutory injunction, Mr Shaba stated in 2010 he applied for two plots from Solwezi Municipal Council which were approved.
Mr Shaba said he thereafter obtained certificates of title from the Commissioner of Lands in respect of the two properties in Solwezi.

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