Kavindele denied injunction over land sold to investor

gin-bottom: 0.5em”>via Zambia Daily Mail by Online Editor on 6/14/13

By JIMMY CHIBUYE
THE Lusaka High Court has refused to grant former Vice-President Enoch Kavindele an injunction to restrain an investor from operating on a land he sold to him.
Mr Kavindele and his wife Dorothy have commenced legal action against Bologna Properties Limited and its managing director, Diego Casilli, claiming that they are bonafide owners of half of plot number 2152/M Leopards Hill Road in Lusaka.
Lusaka High Court judge Justine Chashi said he could not give Mr Kavindele an injunction because he had the certificate of title under “lock and key” and could not claim that he mistakenly entered into an agreement with Mr Casilli and his company for the sale of the entire land.
Justice Chashi said this in a ruling delivered in Lusaka on Wednesday last week.
“The applicants [Mr Kavindele and his wife Dorothy] are already advantaged by being in possession of a valid certificate of title and as such, it is at the moment the defendants [Bologna Properties Limited and Mr Casilli] who need the protection of the court.
“In my view, the application has no prospects of succeeding in the main cause,” Justice Chashi said.
He said it is not necessary to proceed with the matter of irreparable damages and revoked the ex-parte injunction which was earlier granted to Mr Kavindele and his wife.
The Kavindeles want the court to declare that Mr Casilli and Bologna Properties Limited intruded on their land.
Mr Kavindele also stated in his statement of claim that he is ready to repay Mr Casilli and Bologna Properties Limited US$45,000 full settlement for half of the land.