By CHINTU MALAMBO
SIMOSON enterprises have dragged the Lusaka City Council to court for alleged breach of lease agreement.
This is in relation to the council’s decision to allocate its previously leased land to victims of the gutted Lusaka City Market as alternative trading ground.
According to a statement of claims filed in the Lusaka High Court principal registry, Simoson buildings through its director of administration Chitambala Mwewa, claimed that LCC went against a contract between the two parties.
Mr Mwewa charged that on 27th July, 2005, the parties entered into an agreement where the plaintiff was to lease from the defendant stand No. LUM/05/A/3694 for use as a car park. He said he would avail at trial that the said lease was renewed for three years from 1 April 2016. “On 27th July 2005, the parties entered into an agreement wherein the plaintiff was to lease from the defendant Stand No. LUM/05/A/3694 for use as a car park which lease was renewed for three years from April 2017. The plaintiff will further avail that it constructed the said car park at great cost,” the document read.
Mr Mwewa said on 18th July, this year, he was given immediate notice of withdrawal from the said lease from the defendant’s Mayor.
Mr Mwewa charged that LCC’s withdrawal was a breach of Clause No. 18 of the Lease Agreement and was unlawful.
“On 18th July 2017, we received a notice of immediate revocation of the lease by the defendant through its Mayor who personally visited the premises and spoke to me contrary to the terms and notice of the two parties, under clause 18 of the agreement,” he said.
The plaintiff claimed that as a result of the defendant’s actions, he has suffered irreparable loss and damage.
Mr Mwewa demanded for a court order to rescind the revocation of the Lease Agreement dated 1 April 2016 between the two parties, an order for specific performance, damages for breach of contract, an order for interim injunction and any other relief that the court may deem fit.