A FERTILISER company has dragged the Food Reserve Agency (FRA) to court for unlawfully terminating its fertiliser storage facilities lease agreements.
Omnia Zambia Limited wants the Lusaka High Court to declare the move by FRA to terminate its agreement null and void saying it was a breach of the law.
The company claims that the termination of a tenancy agreement by a landlord such as the FRA should be done as required by law but the same was not done according to the law.
According to an affidavit in support of originating notice of motion sworn by Omnia general manager Vincent Mkuyamba, Omnia Zambia Limited entered into a lease agreement with FRA for the CIDA (M) shed situated at the fertiliser complex at the Mwembeshi Road depot in Lusaka for four years.
Mr Mkuyamba said the lease was to run from April 1, 2009 to March 31, 2013 and there was a provision for renewal at expiration for a further term.
He stated that FRA granted his company DMC situated at the fertiliser complex in Lusaka and CIDA (F) at Alimi, CIDA (M) Alimi, CIDA (F) Katete depot and CIDA (F) Lundazi all situated in Eastern Province.
He said FRA later sent a notice of termination of the lease agreement but his company appealed against the decision.
He said this resulted in the extension of the lease period to August 31, 2011.
He said Omnia continued to pay rentals for the storage facilities and paid three months rentals in February 2012.
He said on June18, 2012, FRA informed the applicant that it was terminating the leases for the storage facilities.
Mr Mkuyamba said FRA informed him that it required the premises for its own use and asked Omnia to vacate the facilities.
It was for this reason that he was asking the court to declare the termination of the agreement null and void as it was a breach of the provisions under the Landlords and Tenants Business Premises Act.
And a Mwembeshi resident in Lusaka Province has sued the Seventh Day Adventist Church (SDA) Zambia Union and five others for trespass and illegally occupying his piece of land.
Mr Choongo Mweemba, proprietor of Sub division number five of subdivision C of farm 175a has sued the church, Mubanga Kasakula, Diana Moyo, John Chishiba, George Chapendeka Tembo and Satellite Farmers Cooperative demanding that they vacate his premises.
Mr Mweemba who has filed a statement of claim before the Lusaka High Court Principal Registry wants the court to restrain the church and others, whether acting through their agents, servants and employees from trespassing on the said land.
Other defendants have been sued in their capacities as office holders of the SDA Church Zambia Union while the fifth and sixth defendants were sued as claimants on his land to the extent of 10 acres and seven acres respectively having purportedly acquired the same land from the other defendants.
Mr Mweemba charged in his claim that he was the rightful owner of the land in question and as such, the defendants had no legal interest or claim.
He also wants the court to order the SDA Church to remove its property from his land.
He said as result of the continued trespass he has suffered damage and loss of quiet enjoyment to his property.