The Lusaka City Council (LCC) has won the case in which Husty Mwachilele and Mohamed Yusuf Patel sued LCC each claiming to be the legal owners of stand 3244 Chilumbulu road (former UBZ land).
The court has since decided in favour of the Council.
This is a case in which Husty Mwachilele and Mohamed Yusuf Patel sued LCC each claiming to be the legal owners of the said land.
The court accepted LCC’s evidence that the offer letter issued to Husty Mwachilele in 1998 was irregular.
The court also accepted the submission by LCC’s Director of Legal Services Mr Mwape Moono that Mwachilele, Gilbert Lungu and Patel had all colluded together to defraud LCC and conclude an illegal sale of Stand 3244 Chilimbulu road Lusaka.
High Court Judge Chalwe Mchenga S.C in a judgment delivered on 29th June 2015 stated: “I accept Mr Moono’s submission that there was collusion between Patel and Gilbert Lungu when the stand was sold to him. I also find that Mwachilele was also a part of it. Consequently I find that LCC is the rightful owner of stand 3244 Chilimbulu road.”
Lungu (former LCC Legal Director) was dismissed by the Council in 2011 and is allege currently facing criminal prosecution by the Anti-Corruption Commission regarding this purported sale.