Lusaka resident Fred Kisela has sued Lucho Real Estate Limited in the Lusaka High Court for selling him land in Chamba Valley belonging to one of its directors Evans Mhambi.
According to court records Kisela on May 11,2021 purchased a proposed subdivision no.301 of subdivision 8 of subdivision F of farm 32a in Chamba valley at a sum of K40,000.00.
The terms of the contract of sale indicated that upon payment of the purchase price and K15,000 for change of ownership of the property, Kisela would be entitled to vacant possession of the property.
Upon paying the K55,000 he begun to develop the land by building a house and erecting a wall fence at a cost of K200,000.
Kisela said while he was carrying out construction projects on the property, Mhambi approached him claiming ownership of the property.
He said he wrote a letter to Lucho Real Estate on November 8,2022 requesting it to state who the legal owner of the land was but it failed to do so to which he suspended the construction project due to uncertainty regarding ownership of the property.
Kisela is claiming a declaration that he is the legal owner of the property in question having purchased it from the real estate agency.
The plaintiff wants the Court to order for specific performance of the contract of sale between himself and the defendant for the subdivision.
Kisela is further seeking a restraining order prohibiting Mhambi from trespassing on the land and interfering with his right to enjoying quiet possession of the property.
Kalemba February 13, 2023
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