.Namugala
By PERPETUAL SICHIKWENKWE –
A LUSAKA resident has sued MMD Mafinga Member of Parliament (MP) Catherine Namugala for unlawful eviction from a house on Sable Road in Kabulonga Township.
Lubona Chinkuli who has sued Ms Namugala and Interland Marketing Limited as first and second defendants respectively, has asked the Lusaka High Court to grant an injunction to restrain the two from trespassing or ejecting him from the premises for the duration of the term given under the lease.
Mr Chinkuli 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 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.
He stated in his writ of summons filed in the principal registry 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.
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 he would lease the premises to her 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 him from the house without giving him three months notice.
Mr Chinkuli stated 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.
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.
