…while Zambezi Portland Cement is not a party to any of these proceedings…
LUSAKA, ZAMBIA. Ital Terrazzo Limited has continued offering a way out for the 30 families that built illegally on its land in Chalala area of Lusaka even with a pending demolition order from the High Court of Zambia, provided the affected parties agree to meet the
conditions.
Following legal proceedings over the last 11 years between Ital Terrazzo Limited (plaintiff) and Humphrey Kapapula and Leonard Kanyanda as 1st and 2nd Defendants respectively, over the legal ownership of the properties known as Lot 18003/M and 18004/M, Chalala, Lusaka, the company is elated that action has finally been taken by relevant authorities.
The ruling over the matter that was commenced in 2012, was delivered on September 18, 2015 but respective parties, including the Zambia Police, could not honor the court order and ruling until the courts issued another court order on September 1, 2023 for enforcement.
“Upon perusal of the affidavit in support of the summons referred to by counsel for the Plaintiff and upon being notified that all parties were properly served; IT IS HEREBY ORDERED as follows:
That the Police should facilitate the execution on Lot 18003 and Lot 18004,Chalala, Lusaka, within the next 30 days from 1st September 2023 failure to which the same shall constitute contempt of court as the Police under Section 13 of the Sherriff’s Act Cap 37 of the Laws of Zambia are officers of the Court.” the letter signed by high court judge honorable Mrs. Justice G.C. Chawatama read in part.
”The status of the execution should be field into this court within 15 days after the said execution and no later than 16th October 2023” the court order further guides.
The above order recently affected the 30 Families who were evicted from their homes by the bailiffs, with the help of the Zambia police in the early hours of Friday, September 22, 2023 around 01:00 hours, over 8 years since the initial court order was issued.
Ital Terrazzo Limited Managing director Daniele Ventricles explains that the 30 families were given an offer to pay K145,000 each for the plots on which they have built illegally and in addition, apportion themselves, dismantling of the legal fee’s accrued by the company during the 11 years of trial.
“The families had an option to legally own the land on which they have already built by dealing with Ital Terrazzo Limited, the rightful and legal owner but opted not to utilize this offer after refusing to meet other costs related” said Ms/Mrs/Mr Ventriglia.
She further clarifies that Ital Terrazzo Limited engagement in these legal proceedings over the Chalala land, are not related to any business, legal standing or by any means have anything to do with Zambezi Portland Cement.
ABOUT THE 2015 RULING:
The Honorable Mr. Justice C.F.R. Mchenga SC declared that the plaintiff (Ital Terrazzo Limited) is the registered owner of the properties known as Lot Lot 18003/M and 18004/M Chalala, Lusaka and the defendants have no interest in them or any part of the land comprised therein.
I also declare that the defendants are not entitled to enter or cross the plaintiff’s said properties. Honorable Mr. Justice C.F.R. Mchenga SC subsequently ordered that the defendants do forthwith pull down, demolish and remove any structures that they have erected or constructed on the said properties.
The court further ruled that the 2nd defendant’s counterclaim that he is the legal owner of the properties known as Lot 18003/M and 18004/M, Chalala, Lusaka failed.
Consequently, his prayers for rectification of records at the Lands and Deeds Registry, directed at the Commissioner of Lands, through the Registrar of Lands and Deeds Registry; for an order directed at the plaintiff for removal of the caveat lodged on 22nd May 2012; for damages for inconvenience arising from mental torture and anguish he has suffered and for an order that certificate of title be issued in his names 18004/M Chalala, Lusaka, also fail.
Issued by:
Daniele Ventriglia
Managing Director, ITAL TERRAZZO LIMITED
Signed:
Ends…