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5 sue LCC over call for play park lease bids

CHERISE Kids Park Limited and four other play parks have sued the Lusaka City Council in the High Court, seeking a declaration that they are the rightful tenants of play parks and that new lease agreements should be executed.

Others that have sued the LCC are Lumuno Nursery and Primary School, F.B Hara trading as Amusement Park, Rosaiah Investments Limited and Nsimbi Yanga Limited.

According to an affidavit filed by Cherise Kids Park Limited director Hope Kasese on February 1, 2019 in the principal registry, she and others that have sued the LCC are lessees of various play parks that were leased to them by the local authority.

She stated that Cherise Kids Park entered into a lease agreement with LCC for the said play park at Fulwe Close in Rhodes Park, while Alymer May was demised to Lumuno Nursery and Primary School.

She explained that Northmead Play Park was demised to F.B Hara, which trades as Amusement Park while Kamwala Central Play Park was leased to Rosaiah Investments Limited and Independence Park to Nsimbi Yanga Limited.

Kasese stated that the lease agreements were executed by the parties for various periods ranging from five to 15 years.

She stated that since execution of the agreement, the applicants embarked on various ambitious projects of developing the play parks to reasonable and acceptable standards.

Kasese stated also that the applicants expended monies and resources in developing the play parks.

She added that it was agreed that so long the applicants had not breached or failed to observe any of the covenants of the lease agreements, they would have the right to have their leases renewed for a further term of the tenure as indicated in the various leases.

“The applicants have not in any way breached or failed to observe any of the terms of the lease agreements and the respondents advertising the demised play parks without giving any prior notice or giving considerations to the applicants as sitting tenants, the respondent is in the wrong and in breach of the lease agreements,” Kasese said.

She added that the LCC has since advertised the play parks, inviting lease bids.

“A declaration should be made that the continued occupation and payment of rentals and business levy fees to the respondent created a new lease on the terms contained in the now expired lease agreements,” Kasese said.

She is also seeking a declaration that the advertisement and tender inviting bids for the leasing of the play parks by the LCC was illegal, irrational and therefore, null and void ab initio.

The applicants stated that LCC had incessantly threatened them with evictions and they were reprehensive.

They now want the court to issue an order restraining the LCC from repossession the play parks.

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