By MAYA NTANDA –
RESIDENTS of Twatasha Multipurpose Cooperative society in Kitwe have filed an injunction against Kitwe City Council (KCC) restraining the local authority from possessing plot 693 Itimpi in Garneton area.
The residents who are members of Twatasha Multipurpose Cooperative Society have sued their chairperson Erick Musoka and KCC as first and second defendants for allegedly interfering with plot 693.
In their statement of claim in the Kitwe High Court, Samuel Chilange and 62 others are seeking a declaration that they are the legal owners of plot 693.
They want the court to grant them an order directing the defendants to expedite the issuance of the certificate of title for plot 693.
The plaintiffs stated that on October 9 1998, the community of Twatasha formed the cooperative and a certificate of registration was issued under the Cooperative societies Act.
On September 22 2010, the plaintiffs, through KCC applied for agricultural land and a resolution was made by a full council meeting to offer land to the cooperative in Itimpi.
They explained that on December 28, 2010, KCC wrote to the residents that a substantial piece of land had been allocated to them and requested them to pay a service charge of K20,000.
After the payment of service charges, families have since moved to the said plot, built structures and are currently engaged in various agriculture activities.
The plaintiffs alleged that in 2011, Twatasha Multipurpose engaged in malpractices of displacing and evicting from the land deserving members of the cooperative and selling the land in question to business executives and companies at the expense of the poor people.
They further alleged that the defendants had given letters to unknown people and non members of the cooperative in order to displace the poor majority contrary to the purpose for which the land was offered.
“The plaintiffs seek an order for an interim injunction to restrain the defendants from encroaching, trespassing, demarcating, allocating and interfering with the plaintiffs quiet enjoyment and possession of plot 693,” read the affidavit in part.
They said their efforts to have title deeds issued to them have proved futile due to KCC’s delay in processing the required documents to be forwarded to the Ministry of Lands since they have met all requirements.
The plaintiffs are further seeking an order revoking the sub-division made on plot 693.