In a landmark ruling that underscores the importance of fairness in property disputes, the Lusaka High Court has returned ownership of the Woodlands Stadium and Lewanika Mall land to the Lusaka City Football Club. The decision, delivered by Judge Situmbeko Chocho on Thursday, December 12, 2024, comes after a prolonged legal battle that brought into focus issues of ownership, governance, and restitution.
The case, filed by Christopher Chilongo on behalf of Lusaka City Club, challenged the controversial transfer of the land and its associated developments. In her judgment, Judge Chocho directed that Cavmont FMO Corporation and Forli Ltd, key stakeholders in the development of the disputed properties, be compensated for their investments. Furthermore, the court provided a four-month timeframe for the parties to resolve issues surrounding rightful ownership and compensation under the oversight of the Registrar of Societies.
In her detailed ruling, Judge Chocho concluded that the plaintiff, Lusaka City Football Club, had presented a compelling case warranting the reversion of ownership. She ordered that the ownership status of Stand No. 2757 (Woodlands Stadium) and Stand No. 3034 (Lewanika Mall) revert to the governance structure established at the club’s incorporation as City of Lusaka Football Club (2000) PLC.
Judge Chocho emphasized the need for justice to balance the scales. “It is in the interests of justice that the second defendant be restituted and compensated for the developments on the plaintiff’s land,” she stated. To ensure equitable compensation, the court ruled that the plaintiff would bear 10% of the estimated value of the developments, while the first defendant, Cavmont FMO Corporation, would shoulder the remaining 90%, given their central role in orchestrating the events that led to the dispute.
The judgment also outlined the responsibilities of Cavmont FMO Corporation, ordering them to adequately compensate Forli Ltd for all losses and damages incurred due to the irregular actions surrounding the resolutions and purported sale of shares and assets of the club.
For Lusaka City Club, the ruling marks a significant victory and a restoration of its historical identity. Established in 1970, the club has been a cornerstone of Lusaka’s sporting and community activities. The court’s decision to return the land and facilities signals a renewed opportunity for the club to strengthen its role in the city’s cultural and sporting fabric.
However, the judgment also places a financial burden on the club, which is required to contribute to the compensation for the developments made by Forli Ltd. Observers have noted that this aspect of the ruling could pose challenges for the club unless it mobilizes resources effectively.
Speaking after the judgment, Chilongo expressed optimism about the future. “This is a moment of great relief and a testament to the resilience of Lusaka City Club. We are committed to ensuring that the compensation process is conducted fairly and that the club moves forward stronger than ever,” he said.
The ruling has elicited a range of responses from stakeholders. Legal analysts have praised the court for its balanced approach, highlighting the emphasis on restitution and equitable compensation as a model for resolving similar disputes.
Forli Ltd, one of the affected developers, acknowledged the court’s efforts to address their losses but signaled that further negotiations would be critical. A spokesperson noted, “We respect the court’s decision and will engage in the compensation discussions as outlined. It is our hope that all parties approach this process with goodwill and fairness.”
On the other hand, Cavmont FMO Corporation has yet to issue a formal statement. However, industry insiders suggest that the ruling could have broader implications for the company’s reputation and its approach to similar projects in the future.
The case underscores the critical role of legal systems in resolving disputes involving public assets and private investments. The court’s directive for parties to resolve restitution and compensation amicably within a stipulated timeframe is a reminder of the importance of collaboration and compromise in achieving justice.
Moreover, the ruling brings to light issues of governance and transparency in the management of community assets. Analysts have called for stronger oversight mechanisms to prevent similar disputes, emphasizing that clubs and community organizations must ensure robust governance to protect their assets.
As the parties prepare to enter the four-month negotiation phase, the focus shifts to how the club, developers, and other stakeholders will navigate the complexities of compensation and restitution. The outcome of these discussions will not only shape the future of Woodlands Stadium and Lewanika Mall but also set a precedent for managing disputes involving community and commercial interests.
For Lusaka City Club, the road ahead is both challenging and promising. The return of the properties offers a chance to revive its legacy, but success will depend on how effectively it manages its responsibilities under the court’s judgment.
In a city witnessing rapid urban development, the case of Woodlands Stadium and Lewanika Mall serves as a reminder that progress must be underpinned by fairness and accountability. As Lusaka City Club steps into a new chapter, its journey will undoubtedly be watched closely by the community and beyond.
LT
