Court restrains CMML from encroaching on SDA Church land
Published On July 17, 2014 » 3043 Views» By Administrator Times » Latest News, Stories
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courtroom-hammer 300 x 174By MAYA NTANDA –

THE Kitwe High Court has granted an interim injunction to the Seventh Day Adventist (SDA) Church restraining the Christian Missions in Many Land (CMML) Church from encroaching on its land.
High Court Judge Isaac Kamwendo granted the order restraining CMML from trespassing, encroaching, and erecting the structures or dealing with stand number 1003 Chifubu in Ndola.
SDA registered trustees have sued Chifubu Central Church and CMML Open Christian Brethren for allegedly erecting structures on the said stand.
The church stated that they were the owners of stand 1003 Chifubu, while the defendants were the registered owners of property 1079 in Ndola.
On April 6 2011, the parties entered into a consent judgment and allowed the defendants portion of the land that had allegedly been encroached.
SDA stated that despite the consent judgment, the defendants have started constructing a wall fence which further encroached on the plaintiff’s land.
In a further affidavit by SDA Elder Himaaka Nzunga, the plaintiffs alleged that the defendants tampered with beacons and proceeded to illegally erect structures on the subject plot.
Mr Nzunga said the plaintiffs would suffer irreparable damages as the plaintiff’s encroached land would be disfigured by the encroachment.
SDA is seeking an order that the defendants pull down and remove the erected structure and wall which has encroached on the plaintiff’s property.
The church is further seeking an order for damages.
The matter comes on July 24 for hearing.

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