Air Peace

‘Award Damages Against MP For Trespass’

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A Lusaka tenant, Lubona Chinkuli has aked the Lusaka High Court to award him damagaes against an MP of the former ruling party, the Movement for Multi-party Democracy, Ms Catherine Namugala, for alleged trespass of his residence.

Chinkuli stated in his writ of summons that Ms Namugala is a director of Interland Marketing Limited which company is the owner of flat 7 Anchies flats, Sable Road in Kabulonga township which he rents.

“By a tenancy agreement partially orally and in writing entered into by the parties in July 2012 for the lease of the flat at monthly rent of US1, 100 it was agreed that they would lease the premises to him free from interference of his quite possession

“Ms Namugala and her company were in serious violation of the agreement and the provisions of the Rent Act because on about January 13, 2015 they illegal evicted me from the house without giving me three months’ notice.”

Chinkuli complained that Ms Namugala unlawfully took vacant possession of the property and also unlawfully seized and detained a motor vehicle, Land Rover Discovery registration number AJD 32 87 belonging to Pretty Moonga, a third party, without any court order or warrant issued from any court.

“The defendants further unlawfully seized all the personal effects and chattels in the property which they continue holding on to without any lawful justification which they have continued to detain, the writ of summons said.

Mr Chinkuli said that he has continued to suffer irreparable loss and damage as a direct consequence of Ms Namugala’s illegal eviction, trespass and illegal seizure and detention of his personal effects, goods and chattels.

Chinkuli is asking the court to Ms Namugala, MP for Mafinga, to grant an injunction to restrain the MP and her accomplice from trespassing or ejecting him from the premises for the duration of the term given under the lease.

Mr Chinkuli also wants the court to declare that his eviction effected by Ms Namugala without giving notice pursuant to the Rent Act was null and void.

He similarly wants a declaration that he was rightfuly and legally entitled to occupy flat 7 Anchies flats.

He further wants the court to order damages for trespass upon his property by the defendants as well as damages for unlawful seizure of property.

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