Evans Mulenga v Peter Zulu and Anor (2022/HP /1495) [2013] ZMHC 247 (13 November 2013)

,. IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL HOLDEN AT LUSAKA ( Civil Jurisdiction) REGISTRY BETWEEN: ") 2022/HP / EVANS MULENGA PLAINTIFF AND PETER ZULU ':;-; ��--/ '-!1< �� -..........._ .___. .., •�-.. • 7 L, Snr'J). . 15T DEFENDANT COMMISSIONER OF LANDS ND DEFENDANT For the Plaintiff Ms. Lukundo Nambule of Messrs Joseph Chirwa &Co. For the 1 s1 & 2nd Defendants: No one JUDGMENT By writ of summons accompanied by statement of claim, Evans Mulenga herein after called st Peter Zulu the 1 Defendant and the Commissioner of Lands as the the Plaintiff brought an action against nd Defendant. In his writ of summons, Evans Mulenga claims the following reliefs: (i) An order for cancellation of certificate of title No. CT 108539. (ii) An order for an injunction for prohibition of the 1st Defendant not to interfere with the said piece of land. .,. J2 (iii) Damages for inconvenience. (iv) Any other reliefs the court may deem fit. (v) Costs. statement In the accompanying of claim the Plaintiff outlines in detail how the piece of land in issue was given to him by the authorities who were in charge of the land, and further alleges fraud on the part of the 1st Defendant in relation to his obtaining of title a certificate over land given to the Plaintiff but without any record of having any requisite procedure or indeed any record with the ministry of Lands as to how he obtained the certificate of title over the piece of land in issue. The Plaintiff further following the directions issued by the court filed into court his bundles of documents and pleadings, as well as his witness statement, which witness statement and bundles of pleadings and documents, he has today adopted as part of his evidence. For their part, both the 1st and 2nd Defendants did not file any defence or anything else into court despite service. Having perused the writ of summons and the accompanying statement of claim, and having gone through the witness statement and there being nothing in opposition, I find that the Plaintiff before me has clearly proved on the balance of probabilities that the 1st Defendant did not follow any procedural steps which could have entitled him to be issued with a certificate of title, and further that J3 there are no records to show any steps taken which show any entitlement on the part of the 1st Defendant to be issued a certificate of title. The Plaintiff on the other hand has through his statement of claim and witness statement as well as documents on record shown that the land in issue was given to him by the authorities who were administering it and he paid all the appropriate fees in respect of the same piece of land. In the premises, I hereby order the 2nd Defendant to cancel certificate of title No. CT108539 issued to the 1st Defendant herein. (ii) I direct the 2nd Defendant to issue a certificate of title to the Plain tiff over the same property. (iii) I award the 1st Defendant damages for inconvenience, which damages are to be assessed by the learned registrar. (iv) I further award costs of and incidental to this action to the Plaintiff. Informed Right to Appeal.