(LUSAKATIMES) Katele Kalumba sues Fackson Shamenda for allegedly grabbing a piece of land from him
Katele Kalumba sues Fackson Shamenda for allegedly grabbing a piece of land from himTIME PUBLISHED - Wednesday, October 24, 2012, 7:27 am
Former MMD National Secretary Katele Kalumba, has dragged Labour Minister, Fackson Shamenda to court for allegedly grabbing a piece of land from him.
Dr Kalumba who is a former Finance Minister has since asked the Lusaka High Court to grant him an injunction to restrain Mr Shamenda from carrying out any developments on the said land.
This is contained in a writ of summons filed on Monday before the Lusaka Principal Registry by Dr Kalumba of Lake View house, Natende, Chiengi district, Luapula province.
He has sued Attorney General Mumba Malila as the second defendant pursuant to the State Proceedings Act Chapter 71 of the Laws of Zambia.
He is seeking a declaratory that the re-entry by the Commissioner of Lands on the said plot was null and void and an order that Mr Malila should give back the said Certificate of Title L 318 to him or alternatively to Dr Kalumba and be the re-registered beneficial owner and issued with a Certificate of Title.
Dr Kalumba is further seeking damages, profit accrued, interests and costs from Mr Shamenda.
He contends in his statement of claim that he was the holder of Title number L318 relating to Plot number 9395/M situated in Lusaka province and that Mr Shamenda was purported to be the holder of Certificate number 185050 relating to Lot number 9395/M situated in the same province.
Dr Kalumba said he was at all material times ending October 19, 2012 the registered owner of the property situate in Lusaka and known as Lot Number 9395/M, Lusaka.
He said by October 9, 2012 the Commissioner registered in the Lands and Deeds Registry a Certificate of re-entry and on October 12, 2012, the Registrar of Lands issued a new Certificate of Title number L8550 to Mr Shamenda.
He said when he acquired the said property, he engaged Aquanova Limited to carry out construction of developments but the police had started using the same land as their recreation place and as such it was not available for development.
He said he approached the Commissioner of Lands and attempts were made to give him an alternative piece of land but the same never came to pass.
Dr Kalumba said when the Commissioner of Lands failed to give him alternative land, his wife delivered building materials to the place but was advised by the people he found at the site that the land belonged to Mr Shamenda.
He said this was done without any notice given to him adding that there were no lawful grounds which existed for forfeiture or re-entry of the said property before allocating it to Mr Shamenda.
Dr Kalumba said as a result of Mr Shamenda’s behaviour, he has suffered loss and damages the reason he was seeking relief from the courts of law.
He is being represented by Vincent Malambo and Company.
Labels: FACKSON SHAMENDA, KATELE KALUMBA, MMD
posted by MrK @ 2:53 PM
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