Court News

TAP drags RDA, AVIC to court

By CHINTU MALAMBO
THE Road Development Agency (RDA) and AVIC International (Zambia) Limited have been sued by TAP Zambia Limited for payment of K10 million damages for vandalism and stolen property on its building in Chingola.
TAP is also claiming general damages for negligence, damages for loss of business, damages , interests, costs and any other relief that court may deem fit
In its statement of claim filed in the Lusaka High Court, it states that it was a company dealing in the business of production of asbestos products.
It stated that sometime in 2019, it entered into an oral agreement with RDA and AVIC for the demolition of a boundary wall fence erected around TAP (Zambia) Limited factory at Subdivision A of farm 1880, Chilanga.
TAP (Zambia) Limited stated that it was a condition of the agreement that a new boundary wall would be erected before the demolition of the old wall, to ensure security of its movable and immovable property.
It stated also that on or about May 20 2019, acting in breach of the agreement and the duty to reasonably preserve TAP’s property, the defendants negligently proceeded to demolish the old wall fence before erecting the new wall fence thereby leaving TAP ( Zambia ) Limited ‘s property at risk of damage and vandalism.
TAP explained that the defendants failed to ensure that TAP (Zambia ) Limited ‘s premises were protected by erecting a new fall fence before demolishing the old wall fence and also failed to construct a wall or fence to secure the property.
It stated that despite several reminders and correspondences the defendants refused or neglected to erect the new wall fence around TAP (Zambia) Limited factory room to avoid vandalism and theft of its property.
TAP (Zambia) Limited stated that it has as a result of RDA and AVIC International (Zambia) Limited’s breach and negligence, suffered loss and damage.
It stated that its property was invaded by criminals who vandalised, and stole property worth K10, 650 650 879.
TAP (Zambia) Limited said it was entitled to the sum of K10, 650 K10,650 879 being the replacement value of the vandalised buildings and stolen property on its factory

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