Over a 100 Lumumba’s Munyaule market traders have lost a bid for compensation for financial loss inccured during the demolition of their stalls by the Lusaka City Council.
Philip Mkandawire and over 100 traders made an application before the Lusaka High court demanding for an order of reimbursement of the financial loss sustained by each one of them from the 5th January 2024 demolition exercise untill the time that they will return to their trading sites.
They cited Kaddoura construction company and the Lusaka City council as the first and second respondent.
In this matter, the Lusaka City council moved into the Lumumba trading center populary known as Munyanule market situation along Lumumba road demolished stalls allegedly after writing to traders requesting them to move and pave way for redevelopment.
She has dismissed the matter for want of jurisdiction.
In her ruling Judge Getrude Chawatama, found that the matter was wrongly brought before it using a writ of summon instead of a judicial review.
Judge chamatama noted that LCC being a public body is a licenser, which according to the Buses and Markets act has the mandate to manage and operate, own all markets and bus stations within it’s jurisdiction.
Further that in consultation with the ministry, under section 8 of the market and bus station act, LCC may demolish, reconstruct, abolish, close or move a market or bus station and before demolishing, reconstructing, abolishing, closing, or moving a market or bus station and notify in writing any person who is managing the market or bus station.
She contended that the LCC exercised it’s powers in accordance with the act.
The traders sought an order by the court for LCC to cancel any contracts granted to Kaddoura, an order directed at Kaddoura to stop any planned construction works among others.
By Cecilia Kayaya Mporokoso
